Your Mobile Phone Easily Records Conversations…But Is Recording Legal?

Ohio is a “one party” consent state when it comes to recording a “wire, oral or electronic communication.” R.C. 2933.52(B)(4). That means if YOU are a party to the communication/conversation, you can record it without telling the other person you are recording.  What if the communication/conversation is between your child’s parent (your ex-spouse or ex-significant other) and your child, and you are NOT a party to the communication/conversation, such as when your child might talk to his/her other parent over the phone during your parenting time?  The law is unsettled as to whether you, as a parent, can “consent” to the recording on behalf of your child. What does this mean in laymen’s terms?  It’s possible for you to be criminally convicted for violating Ohio (and possibly Federal) wiretapping laws if you record conversations between your child and his/her other parent if you are not also a party to that conversation.  So, our general advice on this topic is don’t do it.  If you have a specific situation you’d like to discuss, we’d be happy to speak with you about it.