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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have Primary custody of a 5 year old and joint with her Paternal

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I have Primary custody of a 5 year old and joint with her Paternal Grandma. The father is in no position to take care of her and admits it. The mother wants her but then neglects her. I am wondering if it is legal in the state of virginia where we all live to record a conversation i might have with the mother without her knowing it is being recorded. It iwould not be on the phone but rather at the mall.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes, it is lawful to do so. Under Va. Code Ann. § 19.2-61, during in-person communications, provided that at least one of the parties conversing has knowledge/gives consent of the recording, it is allowed. Ergo, there is no need to get consent of anyone else provided that the recording party is party to the conversation.

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