Legal Question in Family Law in California
Are Home Videos Admissible in Court?
What are the requirements in California for a recorded conversation to be admissible in court? Do all the parties have to be aware that they were being recorded at the time or is it admissible if even one party was aware?
If all parties have to know about the recording, did they have to know at the time of the conversation or is it possible to share it with them outside of any court proceedings to make them aware and, thus, make the recording admissible?
Specifically, my question involves home videos made on a child's birthday when a man known to be the legal father called to wish the child a happy birthday and made no objections to the child identifying him repeatedly as ''daddy.'' The video would show a clear parent-child relationship in this case. The man is planning to contest paternity to avoid paying support, but still plans to play the role of ''daddy'' to the child in all other facets. If this video was shared with the legal father prior to any legal proceedings even being filed, would it be admissible in a court of law?
1 Answer from Attorneys
Re: Are Home Videos Admissible in Court?
It may technically be admissible, but I'd guess that the judge would not admitt it on being time consuming and it mimimal material value and relevence to the issue of paternity. There are other means of establishing paternity and laws governing whether or not it is even contestable in time. Contact me directly.
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