Legal Question in Family Law in Florida

recording

is it legal to record a phone coversation that is supervised for a child. the mother is informed but she does not want to be recorded. it is court ordered to have 2 phone coversation. these coversation upset the child. we feel that we should record it. can we record the coversations if we state that we are recording even if she disagrees. a officer said we can record.


Asked on 3/24/09, 8:06 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: recording

You can't record a conversation where both sides of the converstaion are occurring in Florida unless both parties to the conversation are aware they are being recorded. So, even if the other side refuses to be recorded, you can still continue recording as long as the other side is aware they are being recorded. Of course, it's always a good idea to record the part where you inform the other side they are being recorded, since recording without telling the other is is a felony.

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Answered on 3/24/09, 10:02 pm


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