Is it legal to record a telephone conversation?
Full text of question: I have custody of my three children but my former husband keeps calling and threatening to leave the state with them if I don’t agree to reduce my support award. He always denies that he makes these threats. I would like to record the telephone conversations so that I can prove that he is doing this. Would I be breaking the law if I tape record my former husband when he calls? Answer: The Legislature enacted a law in 1985 which made the taping of telephone conversations illegal even if you are one of the parties to the conversation. In 1988 this law was declared unconstitutional by the Louisiana courts. At the present time, you may record telephone conversations with your husband without his knowledge or permission. It would be advisable, however, to seek legal advice before you make any recordings just to be sure the law hasn’t changed yet again. Remember, you cannot record a telephone conversation unless you are a party to the conversation.
