Legal Question in Family Law in Missouri
Tape recordings
My husband and I are currently going through a divorce in the state of MO. I have temporary custody of the children. We have a no contact order that is set through the military not the county, so usually when he comes to visit the children I leave. There have been a couple of occasions due to weather where we have had to be in contact on a one-on-one basis in regards to the children. I saw a tape recorder in his pocket, and I'm wondering if it's legal for him to be recording our conversations, as well as my childrens, without my consent. Now I'm also wondering if my phones are tapped. He is trying to do everything possible to have me lose custody of my children, and I'm wondering if this is legal?
1 Answer from Attorneys
Re: Tape recordings
In Missouri it is legal for a person to tape record a conversation as long as the person recording is part of the conversation. It is not legal for him to tap your phone lines unless he has a court order. You can contact a security business to have them check out the phone lines or contact your telephone company to check it. As to the children being recorded, it is not a good idea and most judges will hold it against the person doing so. If the person recording has a just cause for recording (abuse, etc.) then he may be able to get by with it in court. This is unusual though. You should consult with your attorney about these things as he/she should be able to tell you what the Judge hearing the case will do. Good luck
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