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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Question, my ex-husband lives in Alabama, I live in New York

Customer Question

Question, my ex-husband lives in Alabama, I live in New York can he legal tape record phone conversations between us with out me be notified that they are being recorded?
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.
This is Samuel and i will discuss this and provide you information in this regard
Both Alabama and NY are "one party consent" states. That means that as long as the party doing the recording is a party to the conversation it can be recorded. It only takes one party to a conversation to consent to being recorded. So if your ex is a party to the conversation that he is recording, he is the consenting party.
Therefore the answer to your question is Yes, he can.
Customer: replied 2 years ago.
Hi Samuel,
A few more questions... I do have a lawyer here in NY but wanted a second opinion. I got divorced in Texas in 2012. My ex husband lived in Alabama at the time and still does. We have two children together, 6 & 8. There is no geographical restriction on me or the kids. I moved to NY in 2013 to be closer to my family in Pennsylvania. My ex husband, is now moving to NY somewhere in the same county as us. I really like the are and have no plans to leave. However my new husband is studying to be a physician assistant. The only school in this county takes 40 students each year, last year 1400 students applied. He will be applying next year, if he can't get in we will need to move. He certainly doesn't want to leave me, his son and his 2 stepchildren behind for 28 months nor can we afford two places. My ex is going to be filing something to restrict you think this is possible? If so have you ever heard of someone being restricted to a county? I'm fine if I get restricted to the state as there are lots of schools even within a***** What are your thoughts? Also as far as custody and original decree, (which is now registered in NY state) had visitation orders for living over 100 miles and orders for within 100 miles...which he agreed you think that he will be successful in trying to get more time. Right now the within 100 mile order gives: every Thursday night during the school year,1st, 3rd and 5th weekends of each month, 30 days in summer, father's day, 2 hours on the child's bday, we rotate spring break, Thanksgiving, Christmas and New Year's. This guy left us and had another baby with someone else while still married, he moved away because of the military. He is now out of the service. He has only been seeing the kids for 42 days in the summer, rotating the holidays and ever spring break. This is what he got for over 100 miles, but he also had the option of 1st, 3rd and 5th weekend too but never exercised his right to do this. I worry about the kids being disrupted by this. My new husband has been raising these kids for over 3 years now. Thanks for your feedback! Julie
Expert:  Sam replied 2 years ago.
Hi Julie
Thank you for this follow up; albeit far afield from the original topic. However, I will provide you information.
This is not as cut and dry as it may seem. The court's are going to look at stability within the environment.
In Tropea v. Tropea, 87 N.Y.2d 727, 642 N.Y.S.2d 575 (1996) the court held that relocation petitions are to be decided in the child's best interests, with careful balancing of several specific factors.
In summary the court is going to look at why you should be restricted and to what degree, if any, based upon how the move is going to benefit the child.
Expert:  Sam replied 2 years ago.
I suggest that you could be limited to within county. The radius range is generally 50 to 100 miles.
Customer: replied 2 years ago.
So is it in the best interest of the children that if we can't move it would restrict their stepdad's income?
Expert:  Sam replied 2 years ago.
HelloThank you. The court will not take into consideration the economic benefit to the step parent. But it will consider if there is an economic advantage to the child. For instance, will the increase in salary afford you to live in a better neighborhood with better schools. etc. Those type of issues will be considered.
Expert:  Sam replied 2 years ago.
So if you are contemplating a move, I suggest you get the stats on the schools in the area, and compare them to the stats of the schools in the area you are already in. Show how the total living environment is going to benefit the child.
Customer: replied 2 years ago.
Thank you.
Expert:  Sam replied 2 years ago.
You're welcome. Thanking you in advance for a positive rating and good luck with everything
Customer: replied 2 years ago.
In my huge paragraph I mentioned about getting more that a possibility since he had all ready agreed to what I stated was ordered for within 100 miles?
Expert:  Sam replied 2 years ago.
HelloThank you.It is possible since he is now moving closer and appears to be making an effort to see more of his child. Yes. It's possible.
Expert:  Sam replied 2 years ago.
Again, the court is going to weigh all the benefits to the child. It is not about the parents. And so he will need to show how having more time will help foster the relationship to the child's well being.
Customer: replied 2 years ago.
Is it common to have a judge from another state change the original orders from another judge from another state? If my ex was ok and agreed to the visitation order for if he lived in the same town how can he get more if it was already ordered ???
Expert:  Sam replied 2 years ago.
HelloOnce your husband no longer lives in the state where the Order was issued, and i f you do not live in that state either the jurisdiction can move to NY if that is where he is moving and files for the Modification.