Legal Question in Family Law in Indiana

Re: Taping phone conversations with children

You are entitled to "Private" time with your children whether it is in person or by telephone. Taping of the conversation by the other parent is an activity that is subject to contempt. You must file a contempt petition with the Court to object to this conduct. We recently were involved in a case where the court specifically instructed the non-custodial parent not to tape conversations. We were involved in another where one parent countered by taping the other's conversations too. The judge was so upset with both of them, he was sputtering on the bench. Result - complain and complain promptly.

Re: Taping phone conversations with children

Generally,where two private individuals are speaking to each other over the telepone, one may record the conversation so long as one of the parties is aware and it is being done with their consent and knowlege.

If you think this is being done with the children, they of course would be subject to the control of the primary custodial parent in this regard. Yet, this may also be considered if proven, to be an unacceptable intimidating tatic interfereing with the children and their father or other parent, you. The court which granted the divorce would have to be prevailed upon to address this isse. This of course will be a challenge on the proof issue. However, the court could question the children in chambers without mom and boyfriend present in an attempt to reach the truth. If the court agrees, it could order mom not to continue such a practice making her subject to the court's contempt power should she continue.

Depending on what else may be going on, you might consider asking for a change of custody. The facts of the situation would need to be reviewed in detail before such a conclusion could be made to proceed.

If you feel that you can, you may wish to condisder asking the children during your parenting time if they are being taped when on the telephone with you. Ask about other concerns as well which you think are harmful to them. They might give you an honest answer if approached in a way they feel is nonconfrontational and confidential.

The sooner you act in the best interests of your children, the better.