Legal Question in Family Law in Pennsylvania

Taping Phone Conversations
My fiance's ex never lets him see his daughter except for when she wants something. Last weekend she called him up out of the blue and told him he could see his daughter. (We think she is up to something). Him and his mother went to see the baby and the mother didn't give him diapers and only gave the child a cookie and a water.
This weekend is father's day she called up yesterday saying that he could see his daughter. When he asked if he could take her out in the car so the baby could see her grandparents, she started arguing with him and told him she would call him back. She never called back. He called today (on Father's Day), and no one picked up. About 9:49 p.m. she called and said they had fun at the birthday party and let him talk to the baby for about 2 minutes before she started a fight with him. Since he occasionally drinks (but never when he is around his daughter). She started fighting more saying he sounded drunk and was slurring his words when he left a message earlier (Which he wasn't because I am always there when he calls) and she said has been taping his phone conversations. Can she legally do this? She said she's been doing it for a while, and he has never consented to this, and did not consent tonight.

Asked on 6/17/07, 10:29 pm

John Davidson Law Office of John A. Davidson

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Re: Taping Phone Conversations

Taping phone calls in Pennsylvania with out consent is a felony of the 3rd degree.

A call to the local police to have them investigate seems to be in order. She maybe saying that just to rile up your fiance.

If there is no custody order in place its time to file to get one.

By the way tape recorded phone conversations are inadmissible.

If you have any questions feel free to contact me the initial consultation is free.

{John}

Answered on 6/18/07, 8:36 am

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