Q: Is a recording of a child admissible in Ohio custody court?

A: I believe you should listen to your attorney. I would be highly offended if one of my clients were trying to crowdsource a second opinion. Trying to use a recording of a child in court is highly inadvisable. It never sounds the way to a judge the way a client thinks it will. At the most i might have a guardian ad litem listen to it. Again, i must stress that your attorney knows the details of this case far better than anyone in this forum.

A: Can you probably get these in under an exception? Yes. Should you? Absolutely not. Listen to your counsel. Courts hate this kind of evidence.

A: In Ohio, the admissibility of recordings in custody court largely depends on whether the recording was made legally. Ohio is a one-party consent state, meaning that as long as one party (in this case, you) consents to the recording, it is typically lawful. However, the specific use of a child's statement in a recording is a more complex issue.

Even if the recording is legally made, a judge may still exclude it if they feel it’s not relevant or that its potential to harm the child outweighs its probative value. The fact that your child mentions something about your Facebook page could be seen as hearsay, which generally isn't admissible unless it meets certain exceptions. Hearsay is a statement made outside of court that’s presented to prove the truth of the matter asserted, which is why it can be problematic in legal settings.

There might be situations where such a recording could be used, but the judge would likely consider other factors, such as whether the child's statement is part of a larger pattern of behavior or if it's critical to determining the child’s well-being. Your attorney's advice about the recording’s inadmissibility is likely based on these concerns, as courts often prefer more direct evidence when deciding on custody matters. Always consult your attorney for guidance on how best to present evidence in your case.