Legal Question in Family Law in Texas

Recording conversations between joint managing conservator and child
I am the grandmother and a joint managing conservator of a nine year old child. I am currently involved in a custody suit in Austin, with the maternal grandmother. In December 2002 the court ordered that I have reasonable telephone access with my grandchildren at specific times and days, twice a week. The children have been removed from my home where they have resided for over five years, and are now living at the maternal grandmother�s. As a practice I call my grandchild at a specified time twice a week at the maternal grandmother�s home. I recently learned that each conversation between myself and my grandchild since December 2002 to date have been recorded without my consent. The maternal grandmothers attorney has played certain segments of the tapes to the GAL and wants to use them in the custody trial. I am fortunate to have a pro bono attorney but he has not been involved in any type of litigation for years. Can the tapes be used in court? Is it ethical for the attorney to use the tapes since I nor my grandson agreed to be taped. Desperate for assistance, trying to do research for court casw myself. Sorry for length of question. Sincere thanks.

Asked on 3/14/03, 8:28 pm

Basil Hoyl Law office of Basil Hoyl

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Re: Recording conversations between joint managing conservator and child

You could call the police. Wiretapping has not been legal for some time.

http://www.reasonable-doubt.com

Answered on 3/15/03, 8:26 am

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