Legal Question in Family Law in New York
Can I tape phone conversations???
My ex-wife has residential custody of our daughter and joint custody is listed on my divorce decree. She is trying to place numerous conditions on my vistation with my daughter. The conditions change practically every time we talk (or try to). There are no limitations or conditions on the divorce decree. I have informed her I will not tollerate any conditions on visitation. During our last conversation I was informed by my ex that ''you got no rights for nothing'' when it comes to your daughter. I live in California. She and my daughter are in New York. My ex wife is trying to do everything she can to make sure my daughter and I do not have a relationship of any type. Can I tape our phone conversations and get them into evidence if needed for Family Court? What sort of consent do I need from her if any?
2 Answers from Attorneys
Re: Can I tape phone conversations???
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quitea bit of general
information about California Family Law, Tenants'
Rights, and Juvenile Dependencies, and EDD
hearings and appeals, as well as information
about me (education, experience, et cetera)
and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
You probably can not tape phone conversations.
If the first order regarding custody was made
in California, the state retains exclusive and
continuing jurisdiction. Go back to court and
get all terms of custody and visitation modified
or clarified. If NY has jurisdiction, contact a
New York lawyer.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: Can I tape phone conversations???
you need her permission to tape it.