Legal Question in Telecomm Law in California

Recording telephone call

Is it legal to record a telephone call between myself and my minor son? I need to know because my EX is spreading rumors about what I am saying to son during our phone conversations and I would like to protect myself. I can find the laws about taping other people but not about a Parent taping a call to their own child.


Asked on 2/05/08, 2:27 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Recording telephone call

In California, it is illegal to surreptitiously record a phone call. In other words, all parties to the call must give their consent,(by continuing to speak after being advised the call is being recorded).

Usually, however, under the law a minor is not legally competent to give that consent... so the question is whether a parent can give the consent. (I don't know enough about family law to answer this but I suspect that a custodial parent CAN give such consent...)

IN any case, it's important that the child KNOW he/she's being recorded

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Answered on 2/05/08, 3:38 pm
Johm Smith tom's

Re: Recording telephone call

Mr. Firemark has given you a very good answer.

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Answered on 2/05/08, 4:31 pm


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