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In an attempt to get mandated child support, father states…

In an attempt to...

In an attempt to get mandated child support, father states if mother goes through with it he will file for custody and site mother's misdemeanor drug charge from several years ago, during a phone conversation father not talking right to mother and she starts recording conversation in which he states if she drops child support he will drop custody, but if she doesn't he will play dirty, he lives in Florida and she in Texas, is the recording legal?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

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Answered in 4 hours by:
10/12/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 20,610
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Your Question:

In an attempt to get mandated child support, father states if mother goes through with it he will file for custody and site mother's misdemeanor drug charge from several years ago, during a phone conversation father not talking right to mother and she starts recording conversation in which he states if she drops child support he will drop custody, but if she doesn't he will play dirty, he lives in Florida and she in Texas, is the recording legal?

Response: Yes, because the mother was part of the conversation. It is legal to record phone calls in Texas when a party who is recording the conversation is part of the conversation. See Texas Penal Code Title 4 Chapter 16 Section 16.02 (e). So, she can disclose that information to the Court and/or to the Attorney General's Office of the father's attempt to blackmail her. She should drop the child support case.

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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 20,610
Experience: B.A.; M.B.A.; J.D.
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Customer reply replied 4 months ago
Thank you, ***** ***** to know this my attorney said she didn't know and who have to check and make sure we don't break a excellent law, again thank you this helps

You are quite Welcome! and thank you very much for the positive rating.

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Oh, I just noticed my error:

She should drop the child support case.

I meant to say that she should NOT drop the child support case.

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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 20,610
20,610 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

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