Q: Is it legal to audio record my husband interacting with my kid in our own NY kitchen ? I was told by my divorce lawyer YES for custody case /to prove parental alienation?
A: The answer is (most likely) yes – New York is a 1-party consent state. This means you may record – even secretly – any conversation that you are a party to. However, if you are not a participant in the conversation between your husband and your child, then you’d need consent. For a 2d opinion, contact a Westchester Child Custody attorney to schedule a consult.