Legal Question in Family Law in New York

Noncustodial father recorded conversations with minor...Legal?

My wife has full custody of my 11 year old stepdaughter. My stepdaughter's father, angered my wife is going after him hard on the $13,000+ child support he owes, is filing for increased visitation in hopes my wife will back off as a trade off for his withdrawing the petition.

The big item he mentions in his petition is that several years ago, he allegedly has a tape of a phone conversation that he claims has my wife and I telling my stepdaughter she has to tell him she never wants to talk to him again.

He had been terrible to her at the time (she was 7) and was badmouthing my wife and me (it was shortly before we were to be married). He had mentally abused her and chopped all her hair off weeks before the wedding because he ''knew it would piss my wife off,'' then told my stepdaughter how angry we would be about it to scare her.

He called one night to talk to her and she didn't want to talk to him. My wife said that, if she really felt that way, she needed to be the one to say so.

What I want to know is if his recording of conversations is even legal, or did he break the law by doing this? I know we're a one-party state, but with him having no custody, is he allowed to do this without my wife's consent.

Thanks.

GH


Asked on 12/13/05, 8:19 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Noncustodial father recorded conversations with minor...Legal?

I need more details to properly answer your question about the legality of the tape. However, more important question is how the tape could affect custody/visitation. The age of the tape and the context of his petition, in light of his substnatial arrears, may lessen the importance of the tape. It could also help that your wife is honest and forthcoming about what was going on when the tape was made. Your wife should consult an attorney experienced in these matters as soon as possible.

Read more
Answered on 12/17/05, 10:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York