Recording phone calls

North Carolina Divorce Law Divorce and Separation Answers
1

You can consent on your daughter’s behalf. You should not mention to her that you are recording these calls.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
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Durham, NC 27713
Phone: (919) 321-0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

I know that NC is a one-part consent state with regards to taping of phone conversations, but…can my 8-year old really give consent and should she be expected to? Her mother is constantly upsetting her on the phone, telling her she’s lying because she says she likes living with her dad, telling her she doesn’t have to lie and be afraid to tell the truth. She tells her that she knows her dad is on the phone because otherwise she wouldn’t be lying about wanting to live with him and being happy with him.

I want to records these phone calls but don’t want to have to bring my 8-year old into it by asking her to consent.

The statutes don’t speak to whether a minor can consent or should be expected to consent.

Can I records the calls and use the recordings in court to show that her mother is emotionally stressing her?

momto2