Virginia is a one-party consent state: you may record a phone call or conversation you are part of, without telling the other person.
A recording you took part in is generally usable in a Virginia 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 § 19.2-69 for the greater of actual damages, $400 per day of violation, or $4,000, plus attorney's fees.
You may record a call or conversation you are part of.
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What one-party consent means in Virginia
Virginia is a one-party consent state. Under Va. Code Ann. § 19.2-62, it is generally unlawful to intercept a wire, electronic, or oral communication. But the same section carves out a clear exception in subsection B.2: “It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.” In plain terms, because you are on your own call, your own consent is enough — you are not required to tell the other parent you are recording.
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. Virginia and federal law both land on the same one-party rule for phone calls, texts, and in-person conversations alike.
The penalty is a felony — with civil exposure on top
Violating § 19.2-62 by intentionally intercepting, disclosing, or using a wire, electronic, or oral communication without the required consent is generally a Class 6 felony in Virginia. On top of the criminal exposure, Virginia gives the person who was illegally recorded a civil remedy under § 19.2-69: they can sue to recover the greater of their actual damages, $400 for each day of the violation, or $4,000, plus punitive damages, attorney’s fees, and court costs. An unlawful recording in Virginia is therefore not just a criminal risk — it can turn into a lawsuit against the very parent who made it.
Where the participant exception stops
Section 19.2-62 lists a number of narrow carve-outs alongside the participant exception — switchboard operators and service providers acting in the ordinary course of their business, law-enforcement-authorized interceptions under a court order, radio communications that are already public (police and fire dispatch, amateur radio, marine and aeronautical bands), and providers using a pen register or protecting themselves from fraud. None of those categories apply to a parent recording a personal phone call. The only exception relevant to you is the participant rule: you must be a party to the communication, or have the consent of a party, for the recording to be lawful. Tapping a line you are not on, or recording a conversation between two other people, falls outside every one of these carve-outs and exposes you to the felony penalty.
Using a recording in a Virginia custody case
A call, text exchange, or conversation you took part in is generally usable as evidence in a Virginia 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 the other side to challenge the whole exhibit and can undercut your credibility on everything else you present. A complete, unedited, clearly dated record of your own conversation with your co-parent carries far more weight in front of a Virginia judge than a short clip stripped of context. If a guardian ad litem or custody evaluator is involved in your case, the same rule applies: hand over the original file and let them draw their own conclusions rather than a summary in your own words.
Calling a co-parent in another state? Follow the stricter rule
Virginia's one-party rule only governs what happens under Virginia law. If your co-parent is physically located in an all-party consent state — Maryland, 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 are not sure 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 Virginia judge than an isolated recording presented without context.
Bottom line
In Virginia, you may lawfully record your own calls, texts, and conversations with your co-parent 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 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 Virginia?
No. As a party to the call, your consent satisfies § 19.2-62(B)(2)'s one-party requirement. 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 Virginia?
That falls outside the participant exception entirely and is generally a Class 6 felony under § 19.2-62. The person recorded can also sue you civilly under § 19.2-69 for the greater of actual damages, $400 per day of violation, or $4,000. Only record calls and conversations you are actually taking part in.
Can I use a phone recording against my co-parent in a Virginia custody case?
Generally yes — a recording you lawfully made as a party to the call is admissible in a Virginia custody case, but the judge decides what actually comes in based on relevance and reliability. Keep the original file unedited and note the date, time, and participants, since a Class 6 felony hangs over any recording of a call you were not part of.
What if my co-parent lives in Maryland or another all-party state?
Virginia's one-party rule governs calls under Virginia law, but if the other parent is physically in an all-party state like neighboring Maryland when you call, that stricter rule may apply to the call. When you are unsure, the safest approach is to announce that you are keeping a record, which is lawful under either regime.
Not legal advice. This page summarizes Virginia law for general information as of 2026-07-18 and is not a substitute for advice from a licensed Virginia attorney. Recording and evidence rules change and courts decide admissibility case by case. Verify against the official statute (Va. Code Ann. § 19.2-62) and consult an attorney about your situation.
Virginia’s participant exception (§ 19.2-62(B)) keeps your own calls lawful, while intercepting one you are not part of is a Class 6 felony. Copareo Secure Line lives entirely on the lawful side: it analyzes, transcribes, and time-stamps your calls and texts into an organized, tamper-evident record with an admissibility one-pager for your attorney — a one-time $9.90, with no subscription and nothing to cancel. For every other state’s rule, see our call recording laws by state guide, and for the full court-ready method, read how to document co-parenting for court.