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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have a two year old son who goes to s dad's house visit

Customer Question

I have a two year old son who goes to his dad's house for a visit once a week. Lately, I've noticed some very obvious, and sudden, behavioral/personality changes in my son. His father has a history with abuse, violence, drinking problems, and has a bad temper. I fear that my son may be getting mistreated at his father's house but I don't want to be quick to jump the gun and cause a fight by bringing my feelings to someone's attention but at the same time I can't just shrug these thoughts off. What I need legal advice for is, do you happen to know if it's legal to secretly record audio without someone's knowledge in the state of PA?? I was contemplating buying a nanny cam to hide in my son's diaper bag to monitor his visits discreetly to give me peace of mind that he's not being abused and if he is it would bring the matter to my attention so I could protect my child...
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good evening. I certainly understand the situation and your concern. I am sorry to say but you could not. Pennsylvania's wiretapping law is a two party consent law. Pennsylvania makes it a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent. See 18 Pa. Cons. Stat. § 5703. As such, you could not secretly record the father in his own home. If you have concerns about possible abuse, you could have your son checked out by a doctor and see if there are any physical signs to indicate it or could call child service when he is there and ask that they perform a wellness check.

Expert:  FamilyAnswer replied 1 year ago.

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