For people who have gotten voice recordings in as evidence what state are you in and how did you get it in front of the court (played back to GAL, judge's chambers, primary evidence)? I am currently seeking full custody of my S11 and would like to use recordings of my conversations with my son and of things said by NJ during drop-offs. Are these recordings permissible and to what extent?
FYI, in my particular case the judge of the family court exercises a large amount of latitude in the pre-trial hearing and can (if he/she so desires) choose to review recordings in his/her chambers if they concern the health/well-being of the child. These can be introduced "off the record" in order to establish a basis for the petition. This was in a "modification" trial not an original divorce trial, YMMV. If you don't mind telling your child you are recording him/her that is also within your right as a parent but I'd imagine you'd have to tread a thin line. Also I think having audio evidence of this kind is useful to use with counselors, GALs, etc. who may only be looking at this thing from a standpoint of what's in the child's interest and not what is legally permissible in court. Not telling anyone to do anything illegal, I'm just saying at the end of the day evidence is evidence and the sheer fact that your opponent would try to get evidence thrown out kind of implies a little bit of "trying to hide" something from their side.
Alfee2011 wrote:Does anyone know the law in Massachusetts ? Hopefully it is the same as the last poster - If so I'm good !!
12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
I'm just saying at the end of the day evidence is evidence and the sheer fact that your opponent would try to get evidence thrown out kind of implies a little bit of "trying to hide" something from their side.
You know how easily manipulatable children are and how easily a conversation that shed one parent in a good light would be to manufacture.
That's what GAL's and CE's are for. I would object strongly to any such recordings trying to be introduced by the other side.
Any professional worthy of their title would be extremely suspect of any such recordings.
“The two most important days in your life are the day you are born and the day you find out why.”― Mark Twain
THIS IS AN ATTORNEY ADVERTISEMENT. CORDELL & CORDELL, ST. LOUIS, MO. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Joseph Cordell, Principal Partner, licensed in MO and IL only. Michelle Ferreri licensed in PA and NJ only. Offices in Pittsburgh and Philadelphia, PA. Scott Hamerslough licensed in CA and CO only. Chad Koop licensed in OH and KY only. Chris LaFrance, Florida Resident Partner. Tampa, FL.