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I want a phone call from a family law. Ohio. Steps for what.

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Customer reply replied 3 months ago
I had a phone conversation with my ex's mother. I asked her what is her son planning on doing. Will he ask for shared parenting. I said I would be ok with him getting the kids 50 percent of the time. Our history in court is: he is trying to get custody of our kids, he hired a guardian, and on Monday he arranged with my lawyer to have a meeting to get more time with the kids. He is wanting to do an "agreement" my question is if she recorded our conversation could she be allowed to use it in court and if so use it to show that I am not concerned with the safety of the kids when they are with him, as I have stated before in courr
Customer reply replied 3 months ago
She called me from a landline phone to have the conversation.
Answered in 27 minutes by:
3/23/2018
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 753
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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Customer reply replied 3 months ago
I want to know if a domestic relations magistrate would allow a phone conversation to be admitted in court, also.

The General Rule is as follows:

According to the Ohio Revised Code (ORC2933.52), Ohio is a “one-party consent” state. This means recording of wire, oral, and electronic communications is legal if the person instituting the recording is a party to the communication or one of the parties to the communication has previously given consent.

Admissibility in Court is another matter. The person offering the recording must establish a proper foundation for its admission. That would include offering evidence as to the circumstances under which the recording was made. Frankly the magistrate could go either way.

Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 753
Experience: Attorney At Law at SELF
Verified
Bruce Schreiber and 87 other Family Law Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 120
Verified
Phone call session started
Customer reply replied 3 months ago
You got my phone request?
Customer reply replied 3 months ago
I have not received your phone call

I cannot respond to it. Another lawyer took it. If he or she doesn't call, redo the request.

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