Legal Question in Family Law in Colorado

Can I record a telephone conversation between minor child and non-custodial parent?


Asked on 3/15/12, 6:49 am

1 Answer from Attorneys

Dave Rich Flatiron Legal Advisors, LLC

In Colorado, you cannot record a conversation you are not a party to without the consent of one of the parties to the call. A minor may or may not be able to give consent to recording, but the court likely would not like it if you tried to claim your child gave consent (if you were trying to use the recording in a custody issue, for example, since you would be involving the child in your disputes by asking the child to let you record the call and presumably not tell the other parent about it. I would hedge this by saying that if you think a crime is being committed against the child you would be on firmer ground to record the call without the child's consent since you would be acting for the benefit of the child.

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Answered on 3/15/12, 7:11 pm


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