New York's top court: Parents can legally eavesdrop on kids
Legal Events
New York's highest court says parents can legally eavesdrop on young children, establishing an exception to state law against wiretaps without the consent of at least one person on a call.
The Court of Appeals split 4-3 in deciding such monitoring is justified when a parent or guardian reasonably believes it would be in the child's best interests to listen to and tape phone conversations.
Tuesday's ruling is in a case involving a cellphone recording of Anthony Badalamenti threatening to beat a 5-year-old boy. The boy's biological father made the recording.
Badalamenti lived with the boy's mother. He was convicted of child endangerment, assault and weapon possession.
His attorney challenged the tape as inadmissible evidence.
The ruling upheld a decision by a mid-level appeals court.
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New York Adoption, Foster Care Litigation and Family Law
Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City, the surrounding counties in southern New York State, and in New Jersey, in the areas of adoption, foster care litigation, and family law.
We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption. Our goal is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through preparation and attention to detail. For over 35 years, our attorneys have represented adoptive parents, birth parents, foster parents, children, foster care agencies, and adoption agencies. We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption.
Our goal for our lawyers is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through our preparation and attention to detail.