Taping a call

Not every custodial situation is pleasant. Many if not most are not the polite sharing of parental duties that the drafters of the laws envisioned. Let's face it that is usually why the parents get a divorce in the first place-why should divorce be any different. The process of divorce is easy in comparison to being divorced and sharing custody of children. Based on this, quite often the court must set boundaries to limit the parent's activities when they get out of hand. One such means utilized by many judges is to set the time and length that a child can have a phone call with the non-custodial parent. Unfortunately, this too can be the breeding ground for problems. The problem can be two-fold. 1) non-custodial parent can say that the custodial parent is failing to cooperate with the order 2)someone becomes abusive or displays inappropriate behavior to the child during the phone call. One way to prove cooperation or in most cases stop the improper comments to the child is to record the conversation. Check with a legal professional before recording any phone call because states very on the admissibility of taped conversations. Most states can be divided in either a state that allows the taped conversation to be admissible in court ONLY if the other party is made aware of the taping or will allow the tape to he used to show that a conversation was allowed but not as proof as to what was said on the tape. If a taped conversation is not allowed, the tape can act as a great memory tool for the time, date and contents of the conversation but can't be used in court. In such a jurisdiction, a tape that can serves as a memory tool can be very effective when someone must testify as to the conversation's existence. If you are allowed to tape after a warming, follow a few simple rules: 1. Make a message on an answering machine that should be completed before you allow the child to begin the conversation or begin the conversation with a written script. Hello, ___________ I want to you know that because this has been a problem in the past and that this was an issue in court, that I am taping this phone call so that there will be no question as to what is said between you and ___child's name___ and in case I need to prove one day that I did not in any way interfere with this phone call, it will be recorded. I'll go and get ___child's name____ for you, they are waiting to talk to you.

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