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Originally Posted by Unregistered
My ex husband, who lives in Utah, with our 3 childen. He has remarried. We have joint legal custody of the children. I live in Ma. He recently filed for sole custody which i am against, along with many other things. The other day i received an email from my attorney in Utah, that my ex had ben taping calls between one of the children and myself. Unfortunately i said things shouldn't have about my ex and the legal case. That is not how the majority of our calls are and he does not tape calls btween me and the other children. I am particularly close to this child and my ex has always hated this. Is he allowed to tape without my knowledge? Also is there aything i can do to prevent him using these tapes against me in custody case?
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I believe that in your parenting plan/agreement it should state something under telephone calls with non-custodial parent and whether or not it states "without interference or monitoring by the custodial parent". Otherwise, if your child knew that he was recording the phone call then in Utah it is completely legal, otherwise, not. I'd talk to a lawyer...also, why is he filing for sole custody, is there something you're not disclosing? It sounds like he is concerned. (Which I understand since you said that you were discussing case issues with your child...which is a big "No-no" that is between you and your ex, not your children.)