Tape recording and child custody question


Dear CamillaCat:

Greetings. Yes, you can make her stop “alienating” the child from your husband through a court order issued by a judge. This may involve her and the child both seeing counselors though, so keep that in mind.

North Carolina is a one party state, which means that one party to the conversation must consent to record the call. You can record your conversations with your husband’s ex. No, you do not need to let the ex know that you are recording her when you speak with her. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.



My husband has a daughter by another woman. She has custody, we get visitation.

Firstly, on several occasions she has (in front of child) made comments about how my husband does ‘not care’ about his daughter. She is just trying to hurt him, but she is really hurting the child. Is there anyway we can make her stop this nonsense in front of the child? Even if it involves taking it to a judge?

Also, what is the rule in NC about tape recording telephone conversations? I know we have to record INside the state, but do we have to confess to EX that we are recording the coversation?