Relocation Custody Recording Concerns

Summary

Recording conversations in Florida and Alabama requires consent from all parties. Your parenting plan prohibits recording without court approval. Concerns about your daughters privacy during video chats are valid. Document your reasons for switching to phone calls and consult a local attorney for personalized advice.

Full Conversation

My ex husband and I are going through a relocation custody issue, the venue is in Florida and my ex moved to Alabama. I have a growing concern about my ex-husband recording our video chats with our daughter, Scarlett. While I'm not familiar with the specific recording laws between Florida and Alabama, I have repeatedly expressed my discomfort with this practice due to my concerns for her privacy. Given that I give her reasonable privacy in her bedroom in my home, I don't consent to the recordings and as a minor I’m not sure if she is able to give consent. Unfortunately, my ex-husband has not engaged in constructive discussions or offered alternative solutions. Today, I informed him that I would like to temporarily switch to telephone calls since that is what is originally stated in our parenting plan until this issue can be resolved amicably. Our parenting plan states, “The child shall be allowed to initiate telephone calls during any period of parenting time. Each parent shall have the right to contact the child by telephone at the residence or location of the other parent with reasonable frequency, during reasonable hours, and for reasonable duration. The child should be afforded reasonable privacy during conversations with the parent. Neither parent shall record or monitor telephone calls between the child and the other parent (unless permitted to do so by Court order).”
Hello ****, it's important to know that:
- Florida and Alabama are "two-party consent" states. This means that both parties need to consent for recording.
- Violation can be considered a criminal offense.
- Your parenting plan explicitly prohibits recording without court approval.
You may consider seeking a court order to enforce this.
He is the parent recording calls with his daughter, not recording or monitoring my calls with my daughter when she is with him. The patenting plan States Neither parent shall record or monitor telephone calls between the child and the other parent (unless permitted to do so by Court order).” So is he legal to do this since he’s not recording myself and my daughter but him and my daughter?
Hello ****, based on the information you provided, it seems:
- Florida and Alabama laws require consent from all parties involved in the call.
- Your parenting plan explicitly forbids recording calls without a court order.
Even though he's recording calls with his daughter, not you, it might still conflict with these laws and your parenting plan. You should consult with a lawyer in your area.
Also since I began allowing in the beginning video chats even though our parenting agreement states telephone calls, he believes I’m changing the status quo and will thus prove I’m doing this out of spite instead of the concern for my daughter and my privacy. Is this correct?
Hello ****, while it's important to maintain consistency, it's also crucial to prioritize your child's wellbeing and your privacy. You may want to:
- Document your concerns and reasons for switching back to phone calls.
- Seek legal counsel to understand if this could be perceived as spiteful.
- Remember, laws may differ by location.
What would be some concerns for our 8 year old daughter being in her bedroom (for me to give him reasonable privacy) that may be usefuln
Hello ****, if I understand correctly, you are asking about potential concerns related to your daughter having private video chats in her bedroom, correct?
Yes
****, potential concerns might include:
- Inappropriate content exposure.
- Lack of supervision could lead to the sharing of private information.
- Emotional stress due to lack of parental control.
- Privacy invasion.
These concerns could justify your discomfort about private video chats in her bedroom.
What if he asks for her to move to another location in the house? What constitutes reasonable privacy?
Hello ****, 'reasonable privacy' generally means:
- A space where your daughter feels comfortable.
- A location where personal or sensitive information isn't visible.
- A setting where she can speak without being overheard by unrelated parties.
- Remember, it's important to balance privacy with appropriate supervision.
That doesn’t leave many areas besides bedroom for that unless she does the call in the living room or dining room table, which means everyday for * minutes my family (* girls not including her, myself and my partner Have to hide out in our rooms. How will the court look at this situation possibly? Keep in mind we are in Florida and he is in Alabama
Hello ****, in a court situation:
- Your child's well-being is a top priority.
- Your family's daily routine and privacy matters.
- The court would consider the practicality of the setup.
- It's important to document your reasons for any changes to the agreed setup.
Please consult a local attorney for more guidance.
What would be some good arguments for this?
Hello ****, some potential arguments could be:
- The impact on your family's routine and privacy.
- Potential risks associated with unsupervised video calls.
- The need to uphold Florida and Alabama's two-party consent laws.
- The importance of adhering to the agreed parenting plan.
It's advised to consult with a local attorney for more personalized advice.