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Family Law & Recording your Children

Another hot topic button in family law is whether a parent can lawfully record a conversation between the parent and the child without the knowledge and/or consent of the child or the other parent. The answer is it depends. A communication between a parent and child is likely NOT a confidential communication as defined by California Penal Code Section 632 because parents routinely discuss conversations between themselves and their children with the other parent, healthcare professionals and educators whereby a child has no reasonable expectation of privacy when speaking to their parents.

However, what happens when the child tells the parent that they want the conversation to be kept secret? A child’s request that a conversation be kept secret is a clear indication of the child’s desire that the conversation be confined to just that parent and the child whereby the communication becomes confidential and the recordation of such a conversation and introduction of the recording into court is probably prohibited and maybe illegal. Always consult a competent family law attorney before introducing any recording into court because not only could the recording be excluded, the recording parent could be charged with a misdemeanor pursuant to California Penal Code Section 632.

To discuss the issue of recording your children, child custody or child support, contact Fair Cadora today to schedule a free consultation with one of our experienced family law attorneys.

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At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer case evaluations to all potential clients. We want you to have the chance to connect with us and gain your trust, without added pressure. During a case evaluation, we will review the details of your case and provide you with an honest assessment of your legal options. This allows our clients to make informed decisions about their case. We believe that offering case evaluations is an essential part of our commitment to providing high-quality legal representation to the San Diego community.