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?


Asked on 3/24/01, 2:05 pm

2 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

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.

Read more
Answered on 6/04/01, 5:38 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Can I tape phone conversations???

you need her permission to tape it.

Read more
Answered on 5/30/01, 12:55 am


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