Understanding Recording Laws in Child Custody Cases
So, you’re getting into an argument with your former co-parent—your ex-spouse, ex-boyfriend, or ex-girlfriend—and you don’t realize the argument is being recorded.
My name is Carl Birkhead. I’m a Tulsa child custody attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for eight years now, and I want to make law easy by talking about the effect of recorded conversations in a child custody case.
The Legalities of Recording Conversations
This is something a lot of people don’t realize: you don’t need the other side’s permission to record a phone call or an interaction. For example, if you’re going to a custody or visitation exchange and you want to record the interaction—because you and your co-parent aren’t on the best of terms—you can do that. People do it all the time. Sometimes they make it obvious, holding their phone out and saying, “I’m recording.” Other times, they’re more discreet, slipping the phone into a shirt pocket with the camera or audio recording.
Either way, you don’t have to tell the other side. If they ask, you can be honest, or simply say, “That’s none of your business,” because in Oklahoma, you don’t need both sides’ consent.
Effective Use of Recordings
The same applies to phone calls. I’ve had clients use apps to record calls or set one phone on speaker while using another to record the conversation. Why? Because in custody cases, people sometimes say shocking or even threatening things. If you want the court to believe you, it’s much more powerful to play a recording than to just claim, “They threatened to choke me.” With a recording, you can prove it.
The law allows this—you don’t need written permission, and you don’t need to give notice. That said, use this tool sparingly, and always remember it can be done to you as well. I tell my clients this all the time: Dance like no one’s watching, but text and speak as though it’s going to be read or played out loud in court.
Get the Legal Support You Need
If you have questions about this, give me a call. My name is Carl Birkhead. I’m a Tulsa family law attorney with Wirth Law Office, and I want to help you make law easy.
Low-Cost Initial Strategy Session
Need guidance on recording conversations and other legal strategies? Reach out to me for a low-cost initial strategy session to navigate your co-parenting interactions effectively. Contact me at 918-879-1681. Let’s make law easy together.
