Legal Question in Family Law in Florida
my question is im in Fl. and my ex fiance is in NJ. and i have regular phone calls with my 2 children my ex and i can not have any contact anyway on one of my last phone call my daughter told me i had to call this number from now on its a new number for their cell when i asked why her mom told her to tell me it was that she set up a phone management system that way all the phone woulf ring and they wouldnt miss my call.when i called later that night i found out that it was google voice and the calls were being recorded niow can she do this. my kids have told her several time they want to be and she doesnt want to believe they would say that i really need help on trhis i dont know what to do im just trying to protect my kids .from harm i have dyfus in NJ. and dcfs in FL involved but when i call i cant really talk to them because whenever they want to talk to me alone she tells them no and with the history of what has gone on up there im very concerned they want to tell me something that she doesnt want me to know
1 Answer from Attorneys
Under Florida law, a call cannot be recorded without your knowledge. Of course, now you know you're being recorded, so it's not illegal. A Florida judge would also frown (at least) on the mother recording the calls and would almost certainly disallow it.
However, the kids are in New Jersey, so the applicable law is probably not Florida law but New Jersey law. If your visitation order is from Florida, you may want to consider a motion for contempt in Florida. If your visitation order is from someplace else, you should talk to a New Jersey lawyer or a lawyer from the state where your visitation order comes from.
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