Recording phone calls


#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

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#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