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ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16840
Experience:  Licensed Texas General Practice Attorney
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I live in the state of Texas. I informed my ex via email that

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I live in the state of Texas. I informed my ex via email that I would be recording any and all interactions and conversations between him and myself as well as him and my daughter. His response was 'Thank you for informing me and I am now duly warned'. Does this constitute consent to record? Is it illegal to place a recorder in her belongings when I send her with him? Also, is it illegal for me to place a GPS in my own bag that I send with her so I know where she stays when she's with him?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

To be clear, is your ex also in Texas? If not, what state is he in?

Customer: he is also in Texas
ScottyMacEsq :

Thank you. First of all, Texas is a one party consent state. So you don't need his consent to record a conversation that your are a party to. But as for recording a conversation that you are not a part of (i.e. Just between your daughter and him, this would constitute consent if it was inclusive of that situation (i.e. you informed him that she would be recording conversations as well))

ScottyMacEsq :

As for the GPS, no, it's not illegal to do that.

ScottyMacEsq :

You can absolutely place the GPS, as a parent, in your daugther's bag.

ScottyMacEsq :

(or your bag that you send with her)

ScottyMacEsq :

There's no duty of privacy in this regard.

ScottyMacEsq :

In fact, very few states even address tracking devices such as this.

ScottyMacEsq :

(Texas does not, and if it did, it probably would have an exception allowing a parent to do this with a minor child)

Customer: Ok, I thought so. My daughter is 3, so would his response still allow for me to send a recording device?
ScottyMacEsq :

Yes. So long as he is aware that you're recording and has not said that you cannot, etc... then that would be implicit consent.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer: Thank you! That is all I can think of at the moment.
ScottyMacEsq :

My pleasure. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). . Thank you, XXXXX XXXXX luck to you!

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Customer: replied 4 years ago.

I forgot to mention that he has a live-in girlfriend and her mother is frequently present in the house as well. Does this change the legality of the situation at all? The recordings are for personal use as a means to find out what goes on when he has visitation. My daughter has been having behavioral issues since she started visitation with him and he doesn't think I have a right to know what goes on when he has her.

Understood. Since Texas is a one party consent state, rather than all party consent, so long as one party consents to the recording (even if he / she is not the one doing the recording) then that would be sufficient.