If Irecorded a conversation with my ex that would help in my custody battle, is it admissible as evidence if she didn’t knowthat I was recording it?

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If Irecorded a conversation with my ex that would help in my custody battle, is it admissible as evidence if she didn’t knowthat I was recording it?

We live in KS.

Asked on December 29, 2011 under Family Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In some states this would be illegal since all parties to a taped conversation must agree to it being recorded. However, in the majority of states (KS included) it is legal to record a conversation as long as 1 person having the conversation consented to it. This is known as "1-party consent" regarding in-person communications or telephone recordings. So, such a recording could potentially be used in court as long as the presiding judge allows it (there are rules of evidence that will govern aside from the 1 party rule).

Note: If you were not a party to the conversation it would be illegal to record. However, there is an exception even to this if the conversation was held in a public place and the parties to the conversation could have "no reasonable expectation of privacy". For example, a conversation taking place in restaurant.


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