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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39172
Experience:  Retired (mostly)
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am i allowed to record(audio) my child if the other parent

Resolved Question:

am i allowed to record(audio) my child if the other parent is doing something illegal that involves them.
Submitted: 5 years ago.
Category: Legal
Expert:  socrateaser replied 5 years ago.
Tennessee case law permits a parent to record his or her child's phone conversation with a third party, if the child is using the parent's phone. See Lawrence v. Lawrence, No. E2010-00395--COA-R3-CV - (Tenn.App. 11/29/2010).

In other circumstances, the law may not be as clear cut. For example, were you recording activities in a private room between father and daughter, the issue becomes whether or not the child had a reasonable expectation of privacy under the circumstances. The age of the child, and the location of the recording could have an impact on the legality of the recording.

Hope this helps.


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Customer: replied 5 years ago.

any way to elaborate on this:

recording activities in a private room between father and daughter, the issue becomes whether or not the child had a reasonable expectation of privacy under the circumstances. The age of the child, and the location of the recording could have an impact on the legality of the recording.

in a living room area -is that private and the age of the child?
Expert:  socrateaser replied 5 years ago.
If it's your living room, then the other parent and child have no reasonable expectation of privacy. If it's the other parent's living room, then they do have a reasonable expectation of privacy.

This sort of case is highly fact specific. And, considering that family courts have a tendency to side with whatever the judge believes is in the child's best interests, I'd say that you have an edge in terms of making a recording where the child under 14 years of age. But, as the child gets older and is more mature concerning her wishes, then the balance could shift against recording without consent.

BotXXXXX XXXXXne, if we are talking about smoking a joint together, I doubt you will get very far. If we're talking about smoking crack -- that's an entirely different issue.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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