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Can My Girlfriend Post Pictures of the Kids Without Consent?

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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.

Frank Murphy

Edited By Frank Murphy

Chief Compliance Officer
Frank Murphy

Frank Murphy is the Chief Compliance Officer and an Executive Partner at Cordell & Cordell. His responsibilities include oversight of the Firm’s compliance with Legal and Ethical obligations as well as contributing to the day-to-day operations of the Firm as an Executive Partner.

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