If I had an argument with my 15 year old unruly son, what are my rights if he recorded it without my knowledge?

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If I had an argument with my 15 year old unruly son, what are my rights if he recorded it without my knowledge?

I have shared parenting with me being the residential parent. During a recent altercation with my son, his mother, whom I’ve been divorced from for 6 years, had him hide a phone in his pocket while she recorded our conversation from her house. Is this legal? I had no knowledge of this until the altercation ended. And I am unsure if he had knowledge of it. The altercation was very verbal and I one point I grabbed his shoulder to turn him to look in my direction. There was no physical damage done and it was not done with the intent to harm. I love my kids with all my heart and feel she is trying to be vindictive.

Asked on December 16, 2012 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ohio is what's known as a "one-party consent" state. That means if one of the parties to the convesation--one of the people actually involved in the conversation--consents, or agrees to record it, it can be recorded even if the other people did not know it was being recorded. By definition, if your son recorded it, he consented to the recording; therefore, the recording could be used in an appropriate hearing or forum, such as family court.


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