Posting Pictures

[melissa3]

Dear Soc,

All parties live in MA. We share legal custody, mother has physical.

I recieved an email from from my ex demanding my fiance remove pictures of my daughter from her internet profile, stating it is child endangerment. She plans on taking my fiance to court over this.

I gave permission to my fiance to post those pictures and there is nothing wrong with them.

No address, name or age of my daughter is posted on my fiances profile.

Mother has pictures of our duaghter on her internet profile as well and mother's profile lists everthing, including address.

Question:

1. My only question is, if this goes to court, can my fiance be punished and charged with child endangerment?

Thank you.

[socrateaser]

>Question:
>
>1. My only question is, if this goes to court, can my fiance
>be punished and charged with child endangerment?

Child endangerment is a criminal charge. Only the DA can prosecute, not the other parent, although she can file a complaint.

The only two crimes that might apply to MA, that I can think of off hand are:

http://www.mass.gov/legis/laws/mgl/265-13l.htm

and

http://www.mass.gov/legis/laws/mgl/272-29b.htm

But, I think this is a stretch, unless the children are running naked or having sex in the photos.

There is the civil tort of invasion of privacy:intrusion into seclusion, which is the intrusion upon the privacy of another in a manner outrageous to an ordinary person.

And, I suppose that if the photos were being used by a stranger without either parent's permission, then that would qualify as outrageous. But, as you've given permission for the use of the photos, I don't think that the use is outrageous, nor do I think that a jury would.

Beyond that, I don't know what sort of case the other parent could make. But, maybe it's better just to not use the photos and leave it at that. This is probably not a big enough deal to start a war over.