One party, and you can be it
Tennessee needs the consent of one person in the conversation. If you are on the call, that is you.
So a parent recording their own call with the other parent is usually lawful. You do not have to announce it. If the other parent lives in another state, ask a lawyer whether that state's rule matters.
The condition in the exemption
The exemption is in Tennessee Code 39-13-601(b)(5). It lets a party record, unless the communication is intercepted for the purpose of committing a criminal or tortious act.
A tortious act is a civil wrong, but whether a particular purpose qualifies is fact-specific. The statute focuses on the purpose of the interception, not simply whether the recording later becomes useful in a case.
Why tortious matters to a separating parent
Most parents record to protect themselves. But recordings get used in other ways during a separation.
A clip posted online to humiliate the other parent is one. So is a recording used to threaten exposure unless they agree to a schedule. Both can look like a tortious or criminal purpose. Keep any recording between you and your lawyer, and ask before you use it.
When an in-person talk is protected
For face-to-face conversations, Tennessee protects what the law calls an oral communication. The definition covers speech by a person who expects it will not be intercepted, where that expectation is justified.
A public setting is not an automatic answer. The subject, setting, participants and surrounding circumstances all matter, and a court may decide the issue later. That is a poor thing to gamble on.
The line you should not cross
The exemption needs a party to the communication, or prior consent from a party. A recorder left running after you leave the room has no such consent.
Neither does an app that forwards the other parent's calls or messages to you. Recording outside the exemption is a Class D felony under Tennessee Code 39-13-602. That is serious in any case, and worse in a custody one.
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 automatically cover it.
Tennessee has a separate narrow provision for software installed on a computer the parent owns to monitor a minor child's internet use. That is not a general authorization to record calls. Some courts also let a parent consent for a young child under the vicarious consent idea from Pollock v. Pollock. Tennessee sits in the Sixth Circuit, which decided Pollock, but that case turned on federal law. Ask a Tennessee lawyer how either theory applies before you act.
What a Tennessee court is weighing
Tennessee courts build a permanent parenting plan around the child's best interests. One factor is each parent's willingness to encourage a close relationship with the other parent.
A lawful recording can still count against you on that factor. It can suggest you were building a file rather than co-parenting. A clear written record makes the same point without that risk.
What to write down instead
Write the event down the same day. Note the clock time, the exact words in quotation marks, and who was there.
Keep messages about the schedule in a dated communication record. Use a factual incident report for single events. Then take a few weeks of notes to a Tennessee family lawyer.
A Tennessee parenting-plan note written for the right reason
Tennessee asks what your recording was for. A written note avoids the question. Write it the same evening.
Keep the Tennessee record that speaks for itself
Casewell keeps your dated entries, the words you heard and the files behind them in one private place. Writing on the day is what makes a record credible months later. Export a focused PDF of the dates a Tennessee lawyer asks about.
Is Tennessee a one-party consent state?
Yes. Tennessee Code 39-13-601(b)(5) 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 Tennessee?
Unlawful interception is a Class D felony under Tennessee Code 39-13-602.
Can I post a recording of my ex online in Tennessee?
Using a recording to humiliate or pressure someone can look like a tortious or criminal purpose, which takes it outside the exemption. Speak to a lawyer before sharing any recording.
Can I record a handover in public in Tennessee?
If you are part of the conversation, the one-party rule generally applies. For conversations you are not part of, the question is whether the speakers could reasonably expect privacy.
Can I record my child's calls with their other parent in Tennessee?
That is a conversation you are not part of. Tennessee's computer-monitoring provision does not create a general call-recording exception, and vicarious consent is not clearly settled under Tennessee law. Get advice before relying on either theory.
Sources
This page describes Tennessee Code 39-13-601 and 39-13-602, including the party-consent rule and the separate parent-computer provision for monitoring a minor's internet use. It explains what the statute says and is not legal advice. A Tennessee lawyer should confirm how it applies to your case.
- Tennessee Code 39-13-601 โ prohibited acts and the party exemption in subsection (b)(5) checked
- Tennessee Code 39-13-602 โ unlawful interception, a Class D felony checked
- Reporters Committee for Freedom of the Press โ Tennessee recording guide checked
- Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) โ the vicarious consent doctrine checked
- 18 U.S.C. 2511(2)(d) โ the federal one-party consent floor and its criminal-or-tortious-purpose proviso checked