Tennessee is a one-party consent state: you may record a phone call, including one made by cellphone, or a conversation you are part of, without telling the other person.
A recording you took part in is generally usable in a Tennessee custody matter, subject to the judge's view of relevance and authenticity. Anyone whose call was recorded or disclosed unlawfully can also sue civilly under § 39-13-603 for the greater of actual damages, $100 per day of violation, or $10,000, plus attorney's fees.
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What one-party consent means in Tennessee
Tennessee is a one-party consent state. Under Tenn. Code Ann. § 39-13-601, it is lawful 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,” unless the recording is made to commit a criminal or tortious act. Because you are a party to your own call, your own consent is enough — you do not need to tell the other parent you are recording.
Tennessee is explicit that this rule reaches cellphone calls, not just landlines: the consent of at least one party to any telephone conversation, including one transmitted by cellphone, is what the statute requires. Because the definition of a covered communication also reaches “any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature,” the same one-party rule extends to preserving text messages sent between wireless devices. Federal law reaches the same conclusion: under 18 U.S.C. § 2511(2)(d), a participant to a communication may lawfully record it so long as the purpose is not criminal or tortious.
The penalty is a felony, plus civil exposure
Unlawfully intercepting a wire, oral, or electronic communication is a Class D felony in Tennessee under Tenn. Code Ann. § 39-13-602. Disclosing the contents of a conversation you know was illegally intercepted is a felony under the same section. On top of the criminal exposure, Tennessee gives the person who was illegally recorded a civil remedy under § 39-13-603: they can sue to recover the greater of their actual damages, $100 for each day of the violation, or $10,000, plus punitive damages, attorney’s fees, and court costs — and they can also go to court to enjoin a disclosure that is about to happen. In short, an unlawful recording in Tennessee is not just a criminal risk; it can become a bill and an injunction against the parent who made it.
Where the participant exception stops
The one-party rule only protects conversations you are actually a party to. Recording a call between two other people, or intercepting a line you are not on, falls outside the exception entirely and exposes you to the felony penalty regardless of your intentions. And the exception never covers a recording made for a criminal or tortious purpose — if your reason for recording is itself unlawful, such as building a scheme to harass or extort your co-parent, the participant defense does not apply even though you were on the call.
Using a recording in a Tennessee custody case
A call, text exchange, or conversation you took part in is generally usable as evidence in a Tennessee domestic-relations matter, but the judge decides what actually comes in, weighing relevance and authenticity. Keep the original audio file or message thread untouched, log the date, time, and who was involved, and never edit or trim a recording — an altered file invites a credibility challenge that can spill over into the rest of your case, not just that one exhibit. A complete, unedited, clearly dated record of your own conversation with your co-parent carries far more weight in front of a Tennessee judge than a short clip stripped of context.
Calling a co-parent in another state? Follow the stricter rule
Tennessee's one-party rule only governs what happens under Tennessee law. If your co-parent is physically located in an all-party consent state — Michigan, Pennsylvania, Florida, and others — when the call happens, that state's stricter requirement may apply to the very same conversation, and it is not always obvious in the moment which state's law actually controls a cross-border cellphone call. When you cannot be certain where the other parent is, the safest and most litigation-proof habit is to assume the strictest applicable rule — all-party consent — and announce that you are keeping a record. An announced, dated archive is lawful everywhere, regardless of which state's law technically governs the call.
How to document it so it holds up
Beyond the recording itself, the strongest record is consistent and complete: preserve full message threads instead of cropped screenshots, attach a verifiable date and time to every entry, and store a copy somewhere your co-parent cannot alter or delete. A continuous, time-stamped history of your co-parenting communications is much harder for the other side to dispute in front of a Tennessee judge than an isolated recording presented without context.
Bottom line
In Tennessee, you may lawfully record your own calls, texts, and conversations with your co-parent — cellphone included — without announcing it, and a lawful, well-preserved record can support your case. Never record a conversation you are not part of; that is a Class D felony with civil exposure on top, and when a call might cross state lines, the safer habit is to announce it anyway.
Do I need to tell my co-parent I am recording our call in Tennessee?
No. As a party to the call, your consent satisfies § 39-13-601's one-party requirement, whether the call is a landline, a cellphone call, or a text exchange. Telling the other parent is not legally required, though announcing remains the safer choice if the call might cross into a state with a stricter rule.
What happens if I record a conversation I am not part of in Tennessee?
That falls outside the participant exception entirely and is generally a Class D felony under § 39-13-602, both for the interception itself and for disclosing what you intercepted. The person recorded can also sue you civilly under § 39-13-603. Only record calls and conversations you are actually taking part in.
Can I use a phone recording against my co-parent in a Tennessee custody case?
Yes. Because you were a party to the call, a recording made lawfully under § 39-13-601 can generally be put before a Tennessee court, though the judge still weighs its relevance and authenticity before admitting it. Preserve the untouched original and log the date, time, and everyone on the line so it cannot be picked apart later.
Does Tennessee's recording law cover cellphone calls the same as landlines?
Yes. Tennessee's rule explicitly reaches cellphone calls and other wireless communications, not just landlines — a scope point that is actually clearer than in some neighboring one-party states where courts have not settled whether cellphone calls are fully covered.
Not legal advice. This page summarizes Tennessee law for general information as of 2026-07-18 and is not a substitute for advice from a licensed Tennessee attorney. Recording and evidence rules change and courts decide admissibility case by case. Verify against the official statute (Tenn. Code Ann. § 39-13-601) and consult an attorney about your situation.
In Tennessee a lawful recording under § 39-13-601 is only worth something if it survives a courtroom challenge — and short, scattered clips rarely do. Copareo Secure Line builds the opposite: it analyzes, transcribes, and time-stamps the calls and texts you are a party to into an organized, tamper-evident record, delivered with an admissibility one-pager for your attorney, for a one-time $9.90 with no subscription and nothing to cancel. See our call recording laws by state guide for every other state’s rule, and how to document co-parenting for court for the complete court-ready system.