Quick reference
In the United States:
- Federal law requires only one-party consent (18 U.S.C. § 2511). If you're a party to the conversation, federal law allows you to record.
- State law can be stricter. If your state requires all-party consent, that's the rule that applies.
- Interstate calls generally require following the stricter of the two states' laws.
- In-person conversations are governed by the law of the state where the conversation happens.
One-party consent states
In these states you may record a conversation as long as you are a party to the conversation. You do not need to notify the other party.
Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming.
Important: One-party consent means you must be a participant. You cannot install a device to record a conversation you are not part of. That's wiretapping in every state.
All-party consent states
In these states, every participant must consent to the recording.
| State | Notes |
|---|---|
| California | All-party consent for confidential communications. |
| Connecticut | All-party for telephonic; one-party for in-person. |
| Delaware | All-party consent. |
| Florida | All-party consent for oral communications uttered with an expectation of privacy. |
| Illinois | All-party for private conversations. |
| Maryland | All-party consent. |
| Massachusetts | All-party consent. Particularly strict. |
| Michigan | Ambiguous. Get legal advice. |
| Montana | Requires notice in many contexts. |
| New Hampshire | All-party consent. |
| Oregon | All-party for in-person; one-party for telephonic. |
| Pennsylvania | All-party consent for oral and electronic communications. |
| Washington | All-party consent. |
Common questions for parents
Can I record my own phone call with the other parent?
One-party state: yes, you are a party. All-party state: only if all parties have consented.
Can I record the other parent during a custody exchange?
One-party state: yes, if you're present. All-party state: depends on whether the exchange happens in a place with a "reasonable expectation of privacy." Public parking lots generally don't create that expectation; private homes generally do. Consult a lawyer.
Can I record my child's conversation with the other parent?
This is the vicarious consent doctrine. Many (but not all) courts allow a parent to record their minor child's conversations with the other parent on the theory that the parent is exercising the child's consent on the child's behalf. This is heavily litigated and varies by state. Don't assume vicarious consent covers your situation without legal advice.
Can I use an unlawful recording as evidence?
Illegal recordings are generally inadmissible and may hurt your case even if you could theoretically get them in. Don't risk it.
If you're in doubt, don't record
The safer approach when in doubt:
- Take contemporaneous notes. Notes written while events are fresh have legal weight as "recorded recollection" under most evidence rules. CustodyBinder's journal feature is built for exactly this.
- Ask for consent explicitly. If the other party agrees, the recording is legal everywhere.
- Consult a lawyer first. Cheaper than a criminal charge.
Why we publish this
CustodyBinder includes audio and video recording features. Before we let you use them, we ask you to confirm your state of residence — and if you're in an all-party state, we show a warning. This page is our public reference for those rules.
It's also a public service. There's a lot of bad information online about recording consent laws, and parents in high-conflict cases are particularly vulnerable to following the wrong advice. We want this page to be one of the better sources.
This page is informational only. Laws change. Your specific situation may have facts this page does not address. Consult a qualified attorney licensed in your state before relying on this information.