Question:
My ex wife more or less threatened me with court action because she saw a picture online of my girlfriend and my daughter at the beach. There was nothing vulgar or inappropriate with the picture.
My ex said that her friend who is a lawyer informed her that posting photos of our daughter online without her consent is against the law.
Is this valid? Am I violating any laws by allowing my girlfriend post a picture like this online without the ex’s consent?
Answer:
People often quote behavior or actions that they do not like as “against the law” or “my attorney says that…” The truth is that states do have various laws and rules that cover a variety of behaviors and actions, and when you have children that are subject to a family court jurisdiction, it can get complicated.
There are a few places that you will need to look to see if posting a photo of your child is in violation of court orders, rules or state statutes.
The first place to look will be the orders of the court and the decree that dissolved your marriage. Does it say anything regarding posting your children’s pictures on social media or publishing pictures in general? Does it require both parents’ permission, or only the permission of one?
If the order is silent, then you may have to review your state’s laws and regulations.
You could also call your state attorney’s general office to solicit their feedback on whether this is truly against the law.
For specific advice as to the laws in your state and how they could affect your potential case, contact a domestic litigation attorney in your area.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
