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Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2157
Experience:  Practicing Attorney with 10 years experience
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I am in CA and the father of my child is suing me. He has

Customer Question

Hi, I am in CA and the father of my child is suing me for custody. He has submitted a recorded phone conversation between us that I was unaware he was recording, is this evidence allowable by law since I did not give consent for the conversation to be recorded? Further he just served me by mail with his response to my response to his Petition to Establish a Parental Relationship, how long do I have to file my response? Last, he has been convicted of several felonies but had his record expunged, he served two prison sentences, because the crimes were over five years ago would they have any bearing on the judges decision in your expert opinion? Thank you so much!!
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

No, in California recordings have to have all parties consent. He actually has civil liability to you for recording the conversation without your consent. Since you have already responded you do not need to respond again. You can bring his past history before the court but he could challenge its admissibility due to it being expunged. Your argument would be that although it has been expunged it is still relevant for the judge to know what is in the best interest of the child.

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