Custody documentation guide

Can I record my co-parent in Minnesota?

for a participant

Generally yes, if you are part of the conversation.

Minnesota Statute 626A.02, subdivision 2(d), lets a party record unless the recording is made "for the purpose of committing any criminal or tortious act". A violation can mean up to five years in prison, a $20,000 fine, or both.

Main statute: Minn. Stat. § 626A.02
Main caution: Up to five years and $20,000; $10,000 civil minimum

Compare all 50 states and DC

Minnesota is a one-party consent state. What sets it apart is the price of getting it wrong. The criminal penalty reaches five years and $20,000. Civil damages can include three times actual loss or a statutory amount of at least $10,000, depending on the measure the court applies.

Come to court ready, not stressed.

Turn messages, receipts and everyday notes into a clear attorney-ready record.

▣Message screenshotAttached

$School receiptAdded

≡Handover noteAdded

9:41Casewell

New record

Late pickup

11 June 2026 · 17:30 · Amelia

School pickup

Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.

✦ Add evidence

Supporting files

▣Message screenshot✓

$School receipt✓

≡Handover note✓

Building your reportChecking dates, attachments, and edit history

✓

Report ready

Your report is ready

Ready for your attorney or lawyer to review.

PDFcourt-ready documentsPreview

Casewell report.pdf

One party, and you can be it

Minnesota needs the consent of one person in the conversation. If you are on the call, you have given it.

So a parent recording their own call with the other parent is usually lawful. You do not have to tell them. If the other parent lives in an all-party state, ask a lawyer whether that state's law matters.

The exemption and its condition

The exemption is short and ends with a condition.

It is not unlawful under this chapter for a person not acting under color of law to intercept a wire, electronic, or oral communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act (Minn. Stat. 626A.02).

A tortious act is a civil wrong, such as invasion of privacy or defamation.

What the criminal penalty looks like

Minnesota treats unlawful interception seriously. Under subdivision 4, a violation can bring a fine of up to $20,000, up to five years in prison, or both.

That applies to recording outside the exemption. Examples include recording a call you are not on, or using an app to capture the other parent's calls or messages.

The civil claim is steep

The person recorded can also sue under Minn. Stat. 626A.13. The court can award the greater of two measures.

One is three times actual damages plus any profits made by the violator. The other is statutory damages of the greater of $100 per day of violation or $10,000. Punitive damages and legal fees can be added. That is a lot of exposure in a case about your children.

When purpose becomes the problem

Most parents record to protect themselves. The danger comes from what happens next.

A recording posted online to shame the other parent can look like a tortious purpose. So can one used to pressure them into a schedule. Keep any recording between you and your lawyer, and ask before you use it.

Your child's calls

A call between your child and the other parent is one you are not part of. The party exemption does not cover you.

Some courts let a parent consent for a young child under Pollock v. Pollock. That needs a genuine, reasonable belief that recording is necessary for the child's welfare. Minnesota has not clearly settled this, so get advice first.

What a Minnesota court is weighing

Minnesota decides custody and parenting time under the best-interest factors in Minn. Stat. 518.17. They include each parent's willingness to support the child's relationship with the other parent.

A lawful recording can still count against you there. Read what judges look for in custody cases before deciding whether a recording helps.

What to keep instead

Write events down the same day, with the clock time, the words in quotation marks and who was there.

Keep schedule messages in a dated communication record. Use a factual incident report for single events. Then take a few weeks of notes to a Minnesota family lawyer.

A Minnesota parenting-time note with no purpose to explain

Minnesota asks why you recorded. A written note avoids that question. Write it the same day.

Time it to the minuteNote the date and clock time you are writing, and the date and clock time of the event itself.
Quote, don't summarisePut the words you actually heard inside quotation marks. Mark anything you are paraphrasing as a paraphrase.
Name who else was thereList every adult and child present, and anyone within earshot who is not part of the family.
Separate what your child saidRecord a child's words as reported speech, and never question a child again to sharpen a quote.
Link it to the parenting planName the part of the parenting-time schedule the event touches, and say how it affected your child.
Point at the corroborationName the message, receipt, school note or third party that supports the entry, and say where it is kept.

Keep the Minnesota record that carries no risk

Casewell keeps your dated entries, the words you heard and the files behind them in one private place. Writing on the day of the event makes a record credible. Export a focused PDF of the dates a Minnesota lawyer needs.

Is Minnesota a one-party consent state?

Yes. Minn. Stat. 626A.02 lets a party to a conversation record it, unless the recording is made for a criminal or tortious purpose.

What is the penalty for illegal recording in Minnesota?

A violation of 626A.02 can bring up to five years in prison, a fine of up to $20,000, or both.

Can my ex sue me for recording them in Minnesota?

If the recording broke the statute, yes. Minn. Stat. 626A.13 allows the greater of three times actual damages plus any profits, or statutory damages of the greater of $100 per day or $10,000, plus punitive damages and fees.

Can I record my child's calls with their other parent in Minnesota?

That is a conversation you are not part of. Vicarious consent is not clearly settled in Minnesota, so speak to a lawyer first.

Do I have to tell my co-parent I am recording in Minnesota?

Not when you are one of the people talking and your purpose is lawful. Whether it helps your case is a separate question.

Sources

This page quotes Minnesota Statutes 626A.02 and describes 626A.13, from the Office of the Revisor of Statutes. It explains the law and is not legal advice.

Minn. Stat. 626A.02 — interception prohibited, penalties, and the party exemption in subdivision 2(d) checked September 2026
Minn. Stat. 626A.13 — civil damages for unlawful interception checked September 2026
Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) — the vicarious consent doctrine checked September 2026
18 U.S.C. 2511(2)(d) — the federal one-party consent floor and its criminal-or-tortious-purpose proviso checked September 2026