Can a tape recorded conversation be used in court?

Can a tape recorded conversation be used in court?

Best answer:


Criminal Records, Marriage & Divorce Records, Bankruptcies, Evictions, Contact Info, and more...


My granddaughters mother is young and admits to smoking marajuana and states that she is addicted to it. She also states that her mother is aware of her doing this and doesn’t do anyting about it. Yes I believe this as I have known the family for many many years. She won’t go to school or try to get a job to take care of my granddaughter. My granddaughter is only 4 mos old. She doesn’t belong with her mother. All of her bad habits and immaturity is all on a taped conversation. Can this be used against her in a court hearing as I am trying to gain custody of my granddaughter?


  1. Yes. As long as it was not tape while at work or in a gov’t building you can use it.

  2. unfortunately no. i was in this situation with my 15 month old and her father. the court wouldn’t except it.

  3. Does she know you were recording her? It depends on if you live in a state that allows 1 party or 2 party recording. In Ohio 1 person is allowed to record a conversation and use it in court. So say you are in Ohio and recorded yourself talking to her, you would be ok. If you live in a 2 party state you would have to have notified her of the call being recorded. Still with the digital age recordings are becoming less reliable as evidence in court cases especially if it is a digital recording.

  4. Do you have a Guardian Ad Litem? The Guardian ad Litem is to look out for the best interest of the child involved. He should have a copy of the tape. If he feels that the tape is applicable/appropriate then he will introduce it as evidence to the Judge. Also ask your Attorney if they feel that this could be admissible in court as they would know what the local laws are for 1 party conversations. Sometimes it is the only way for the truth of the situation to be heard.

    Good Luck in your Custody battle..

Leave a Reply