One principal party is enough
Colorado needs the consent of one person who is actually part of the conversation. The statute calls them a principal party.
When you are talking to the other parent, you are a principal party. So recording your own call or conversation with them is generally lawful. You do not have to announce it.
The visibly present test
Colorado's in-person offense is written around being seen. The eavesdropping statute applies to "any person not visibly present during a conversation or discussion".
Such a person commits eavesdropping if they knowingly overhear or record it without the consent of "at least one of the principal parties thereto". Colorado courts have quoted that wording for decades, including in People v. Lesslie.
Why that matters at home
Picture the other parent on a video call with your child in the next room. You stand out of sight in the hallway and record.
You are not a principal party, and you are not visibly present. That is the situation the statute describes. Being in your own home does not change it. Neither does the fact that the conversation involves your child.
Phone calls follow the wiretapping law
Calls and electronic messages fall under a separate statute, C.R.S. 18-9-303. It also needs the consent of at least one party.
A call you are on is generally within the party rule. A call between the other parent and someone else, picked up through a shared account or a forwarding app, is not. Under current law, both wiretapping and eavesdropping are Class 2 misdemeanors; the statutes describe different conduct.
Your child's calls
A call between your child and the other parent is one you are not part of. The one-party rule does not cover you.
Some courts let a parent consent for a young child under the vicarious consent idea from Pollock v. Pollock. That needs a genuine, reasonable belief that recording is necessary for the child's welfare. Colorado has not clearly settled this, so get advice before you rely on it.
What a Colorado court is weighing
Colorado decides parental responsibilities under the child's best interests in C.R.S. 14-10-124. One factor asks whether each parent can encourage the child's relationship with the other parent.
A pile of secret recordings can suggest the opposite. It can look like a parent building a case rather than co-parenting. A clear written record makes the same point with less risk.
Public places
Colorado's eavesdropping law protects conversations where the speakers expect privacy. A shouted exchange in a busy car park may not qualify.
That is judged afterwards by someone else. If you are part of the conversation, the one-party rule is the simpler footing. If you are not, do not rely on a guess about privacy.
What to keep instead
Write events down the same day, with the clock time, the words in quotation marks and who was present.
A call log for custody records keeps calls and voicemails in order. A factual incident report covers single events. Take both to a Colorado family lawyer before you play a recording to anyone.
A Colorado parenting-time note that shows where you were
Colorado's rule turns on who was present and visible. A written note sidesteps that. Write it the same day.
Keep the Colorado record that raises no questions
Casewell keeps your dated entries, the words you heard and the files behind them in one private place. A note written on the day is stronger than a memory rebuilt later. Export a focused PDF for a Colorado lawyer when you need one.
Is Colorado a one-party consent state?
Yes. Colorado's wiretapping and eavesdropping laws both allow recording with the consent of at least one party. A principal party to a conversation can give that consent.
What does visibly present mean in Colorado's eavesdropping law?
C.R.S. 18-9-304 applies to a person not visibly present during a conversation who records it without a principal party's consent. Listening from out of sight can fall within it.
Can I listen to my child's calls with their other parent in Colorado?
That is a conversation you are not part of. Vicarious consent is not clearly settled in Colorado, so take advice before recording or listening in.
What is the penalty for illegal recording in Colorado?
Under current Colorado law, wiretapping under C.R.S. 18-9-303 and eavesdropping under 18-9-304 are both Class 2 misdemeanors.
Do I have to tell my co-parent I am recording in Colorado?
Not when you are a principal party to the conversation. Whether recording helps your case is a separate question for your lawyer.
Sources
This page describes current Colorado Revised Statutes 18-9-303 and 18-9-304, the Colorado General Assembly's current crime-classification guide, and People v. Lesslie. It is not legal advice, and a Colorado lawyer should confirm how they apply to you.
- C.R.S. 18-9-304 โ eavesdropping by a person not visibly present, without a principal party's consent checked
- C.R.S. 18-9-303 โ wiretapping without the consent of a sender or receiver checked
- Colorado General Assembly โ 2025 Crime Classification Guide checked
- People v. Lesslie (Colo. App. 2000) โ the eavesdropping statute's wording checked
- Reporters Committee for Freedom of the Press โ Colorado recording guide checked
- Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) โ the vicarious consent doctrine checked