Is it legal to record a phone conversation between child and parent?

Question:

Is it legal to record a phone conversation between child and parent?

Is it legal for one parent to record a call between the other parent and the couples child (age 8)? If neither the parent recording the call gave any notice of the recording to the parent on the phone and the parent on the phone found out it supposedly happened two days after the incident? The child can’t give consent right? One parent is in California with the child and the other is in Arizona?

Answer:

In AZ, it is legal to record a telephone conversation where at least one of the parties being recorded is aware that they are being recorded.

To secretly record a conversation between a child and the other parent is probably a violation of federal law as well as Arizona law.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-Wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: http://www.sampair.com/.