Summary
Recording calls between North Carolina and California involves complex legalities due to differing consent laws. North Carolina allows one-party consent, while California requires two-party consent. Joint custody orders must be adhered to, and unilateral changes or conditions like recording calls should be agreed upon or court-ordered. If the childs relocation wasnt agreed upon, it might violate custody terms. Consult a family law attorney in both states to address these issues and understand the admissibility of recorded calls in court.Full Conversation
Im trying to call and talk to my child who lives in a different state but mother dosent let me talk to child only if im recorded and I do not consent I keep calling and she dosent pick up and now threaten me with harrasment
I understand your concern. It seems you are dealing with a complex family law issue. The laws on recording calls and harassment vary by state. Could you please tell me in which state this issue is occurring?
They live in North Carolina and I’m in California
In your case:
- North Carolina is a "one-party consent" state for recording calls.
- California is a "two-party consent" state.
- Harassment laws are state-dependent.
- Possible violation of custody or visitation terms.
I would recommend seeking advice from a family law attorney in both states.
We have custody orders in North Carolina and it’s joint
I understand. In North Carolina:
- Joint custody means both parents have rights to see the child.
- If one parent is preventing contact, it may violate the custody order.
- You might need to file a motion to enforce the order.
- Please consult a local family law attorney for more specific advice.
And she is threatening me that I only can speak with my child if I’m recorded ?
I understand your concern. In North Carolina:
- Recording without the consent of at least one party involved is allowed.
- If you're uncomfortable with being recorded, you can discuss this with your lawyer.
- It's crucial to document these incidents for evidence.
Please consult your attorney for detailed advice.
Is she allow to set her own boundaries?
In North Carolina:
- Parents cannot unilaterally modify legal joint custody arrangements.
- Setting conditions like recording calls should be agreed upon by both parties or ordered by the court.
- If she continues to set her own rules, you may file a motion for contempt.
Please discuss this with your attorney.
Being recorded is not part of the custody orders will this effect her
In North Carolina:
- If recording is not part of the custody order, she should not insist on it.
- If she continues, it might be seen as interference with your custodial rights.
- You may have grounds to modify the custody agreement or seek enforcement.
Please consult with your attorney.
She is not allowing child to talk to anyone from California where the child was living with me for 4 years grew up with
I understand. This seems like a complex situation. Has the child's relocation from California to North Carolina been agreed upon in the custody order, or is it a recent change?
It’s a recent change mother was out of the pic and decided to have child visit her and kept her for her benefit
I understand. In North Carolina:
- If the relocation was not agreed upon in the custody order, it might be a violation.
- You may need to take legal action to enforce the original custody order.
- Consult with a family law attorney to discuss your options.
Does she have the right to record phone calls and use it in court against me
In North Carolina:
- As a one-party consent state, she can legally record calls.
- However, using those recordings in court depends on their relevance and admissibility.
- I recommend discussing this with your attorney for detailed advice.
But when the call took place I was in California
I understand your concern. In this case:
- California is a "two-party consent" state for recording calls.
- If you did not consent to be recorded, it might be considered illegal in California.
- Discuss this with your attorney for comprehensive advice.
But can it be used in the court of North Carolina
In North Carolina:
- As a one-party consent state, recordings can potentially be used in court.
- However, if the call was made from California, a two-party consent state, it might complicate the matter.
- It's advisable to consult with your attorney to understand the implications better.
It was made from North Carolina to California
I understand. In this case:
- The call was made from North Carolina, a one-party consent state, to California, a two-party consent state.
- The legal implications can be complex and it's advised to consult your attorney.
- Your attorney can help determine if the recording can be used in court.
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