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Loren, Lawyer
Category: Family Law
Satisfied Customers: 28537
Experience:  30 plus years of experience.
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Is it illegal to record a conversation between my son and s

Customer Question

Is it illegal to record a conversation between my son and his mother on my cell phone while he is in my custody in the state of Georgia if I believe that she is trying to alienate me son against me..
Submitted: 4 months ago.
Category: Family Law
Expert:  Loren replied 4 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Georgia's wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents.

Since your son is a minor, his consent is irrelevant and you would need the mother's consent for the recording to be legal.

Expert:  Loren replied 4 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 4 months ago.
What about this law here that's says I have the right to as a parent or guardian if I feel there is appropriate cause as outlined in this statute below am I reading it wrong please click and see
Expert:  Loren replied 4 months ago.

That is a senate bill. I do not see that it was ever signed into law.

Expert:  Loren replied 4 months ago.

Even if it were the law, it requires a suspicion of criminal conduct and that is not the case here. So, I do not see it as applicable.

Customer: replied 4 months ago.
Sorry to go back and forth here but at the top it says it had 51 yeas and 1 nays and this was in February of 2000 I thought when I selected GEorgia I was getting someone familiar with GA laws I need to know if this law allows me to r not can you please provide me with your opinion on this statute
Expert:  Loren replied 4 months ago.

I already said that the bill cited requires a suspicion of criminal activity, which is not present in the facts you are presenting. So, the recording would be illegal without the mother's consent.

Expert:  Loren replied 4 months ago.

"(d) The provisions of this article shall not be construed to prohibit a parent or guardian of a child under 18 years of age, with or without the consent of such minor child, from monitoring or intercepting telephonic conversations of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent or guardian has a reasonable or good faith belief that such conversation or communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent or guardian may disclose the content of such telephonic conversation or electronic communication to the district attorney or a law enforcement officer. A recording or other record of any such conversation or communication made by a parent or guardian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section. "

That is the applicable language of the statute and I do not believe that it is intended to collect information to use against the mother. I believe you will have a problem if you secretly record the mother and try to use it against her in court.

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