Custody documentation guide

Can I record my co-parent in South Carolina?

for a participant

Yes, generally, if you are one of the people talking.

S.C. Code 17-30-30(C) makes it lawful to record "where the person is a party to the communication". Recording outside that is a felony carrying up to five years. The civil minimum is $500 a day or $25,000, whichever is greater.

Main statute: S.C. Code § 17-30-30
Main caution: Felony; $25,000 civil minimum

Compare all 50 states and DC

South Carolina's party exemption is plain and has no purpose condition. The risk sits on the other side of the line. South Carolina sets a substantial civil floor: at least $500 per day of violation or $25,000, whichever is greater. It also has an older eavesdropping law that reaches audio recording on or about someone else's premises.

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

The short answer

If you are on the call, South Carolina lets you record it. You do not have to announce it, and the other parent does not have to agree.

That covers the ordinary call about pickups or school. The rest of this page is about what sits outside the exemption, because South Carolina prices those mistakes very high.

The exemption's wording

The exemption is one of the plainest in the country.

It is lawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception (S.C. Code 17-30-30).

There is no clause about criminal or tortious purposes. The federal rule has one, so it still matters.

What sits outside it

The exemption requires either that you be a party to the communication or that a party gave prior consent. Without that, the interception can be a felony under Section 17-30-20.

The penalty under Section 17-30-50 is up to five years in prison, a fine of up to $5,000, or both. Recording a call you are not on, or leaving a device running in a room you have left, are the usual examples.

The $25,000 civil minimum

Section 17-30-135 lets the person recorded sue. The minimum award is $500 a day of violation or $25,000, whichever is greater.

Punitive damages and legal fees can be added. That makes a hidden device an especially poor trade in a custody case.

The eavesdropper law

South Carolina also has an older offense in S.C. Code 16-17-470. It is unlawful to be "an eavesdropper or a peeping tom on or about the premises of another".

The definition expressly includes "any person who employs the use of video or audio equipment" for that purpose. It is a misdemeanor with up to three years in prison. Recording near the other parent's home may implicate this section, depending on the facts and purpose.

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. South Carolina has not clearly settled this, so take advice first.

Lawful and still unwise

South Carolina family courts decide custody on the child's best interests. Judges look closely at how each parent behaves during the dispute.

A lawful recording can still suggest a parent building a case rather than co-parenting. A clear written record carries the same facts without that impression.

What to keep instead

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

An incident log template gives each entry the same shape. A call log for custody records keeps calls and voicemails in order. Take both to a South Carolina family lawyer.

A South Carolina custody note that costs nothing to keep

South Carolina prices recording mistakes very high. A written note has no such risk. 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.
Say where you wereNote whether you were at your own home, the other parent's home or a neutral place.
Point at the corroborationName the message, receipt, school note or third party that supports the entry, and say where it is kept.

Keep the South Carolina record with no price tag

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 South Carolina lawyer.

Is South Carolina a one-party consent state?

Yes. S.C. Code 17-30-30(C) makes it lawful to record a conversation you are part of, or one where a party has given prior consent.

What is the penalty for illegal recording in South Carolina?

Unlawful interception is a felony under Section 17-30-20, with up to five years in prison, a fine of up to $5,000, or both.

Can my ex sue me for recording them in South Carolina?

If the recording broke the statute, yes. Section 17-30-135 sets a minimum of $500 a day of violation or $25,000, whichever is greater, plus punitive damages and fees.

Is it illegal to record outside my ex's house in South Carolina?

S.C. Code 16-17-470 makes it unlawful to be an eavesdropper on or about the premises of another, including with audio equipment. It is a misdemeanor.

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

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

Sources

This page quotes the South Carolina Code of Laws, Title 17 Chapter 30 and Section 16-17-470, from the South Carolina Legislature's official site. It describes the law and is not legal advice.

S.C. Code 17-30-30 — lawful interception by a party, with no purpose condition checked September 2026
S.C. Code 17-30-50 and 17-30-135 — criminal penalty and the $25,000 civil minimum checked September 2026
S.C. Code 16-17-470 — eavesdropping and peeping tom on the premises of another 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