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Is it legal to make audio recordings of my child in the state of Georgia?

In the State of Georgia, it is legal to record telephone calls, if, and only if, you are a party to the call, and not just someone trying to eavesdrop.

The issue is much trickier when you are trying to record your child’s phone calls.

About 10 years ago a case against a child sexual predator was thrown out of a Cobb County, Georgia court because the parents surreptitiously recorded their daughter’s phone calls that they were not a party to.

The Georgia legislature subsequently amended the law to allow for recording of your child’s telephone calls as long as either:

  • You get a court order to do so
  • Your child consents to recording the phone calls
  • The recording is for “the purpose of ensuring the welfare of the minor child”

However, unless the calls are recorded with the actual consent of the child, such recordings are only legal to disclose and to use as evidence in court if “there is a reasonable good faith belief…that it is evidence of a crime.”  O.C.G.A. 16-11-66(d).

Therefore, in the context of a divorce or child-custody, paternity or legitimation case in the State of Georgia, there is no valid reason to record your child’s phone calls, if you are not a party to the call.

Scott Shaw is founder and principle of Shaw Law Firm PC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm has offices in Dunwoody/Sandy Springs and serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, DeKalb, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309 or contact us.