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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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This question borders on moral ground of whats just right

Customer Question

This question borders on moral ground of what's just right or wrong, but I just need to know the legal aspects for family court.

My wife and I started on a soft porn photo joint venture several months ago when we planned to be together the rest of our lives. But mostly due to her on going drug use as well as possible upcoming charges for her probation violation, we separated and I moved out. The venture was a soft porn website featuring photos of her topless and we were going to charge for access. We jointly created an LLC (each 50/50), we opened a bank account, PO Box, and started taking photos while I set about to building the website (I am a computer programmer by trade). Even as the relationship started to fall apart, she still spoke of moving forward and I continued work on the website. After I moved out, I suggested I find other people to use in the photos but she responded, no, she could use the money and insisted I not let all our work go to waste. But that's when it all fell apart.

As part of the marketing to promote the website, we had a Facebook page, a Flickr page, and MySpace page that only showed mild previews as allowed by their policies to promote the members only, paying website. But in the last few weeks her worst nightmares started to come true as family members, friends, even her boss (she is a part time personal trainer) all have seen the site, signed up as facebook friends and even sent her messages to the promotional pages that I manage). She knew the risks going in, but I have yet to receive a cease and desist, or any written, verbal or other notification to take the site or photos down. Granted I got a restraining/custody order against her last week to get the baby and to make sure the 8 month old is not hurt by her drug use. She also has a possible upcoming surrender hearing for failing so many random drug test while on probation. But she did speak with my sister this week and my estranged wife to her she is now hysterical about the website and the fact I moved forward. Its becasue people she never expected to find out about it did... but she is now making it out to be vindictive behavior on my part. I think that if a judge allowed her text message records to be subpoenaed, he/she would see that my wife told me to move forward with the website despite our break up/separation.

I want to know what my exposure might be here and what I should do now if anything? (take everything down, wait for a cease and desist, etc.). As I mentioned, I now have 6 months custody granted with the restraining order last week, but since there will be an upcoming probate court hearing for permanent custody (or she may try and get the restraining order modified sooner), does this reflect badly on us both for participation in such a morally questionable activity, just the Mother because she is so prominently featured, or none of the above? Everyone has heard of the couple that broke up and he/she posted nude snaps on facebook to get revenge, but this was truly a business venture gone wrong with even a worse sense of timing.

Thanks!
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.

Samuel-II :

Hi

Samuel-II :

I would suggest in good faith and to show the court that it is not revenge against the Mother that your suspend the site, at this time. It is not illegal to have such a porn site. But you never know what a judge is thinking in the way of morals. Who knows, the judge could look at both of you and think that having such a business is not in the best interest of the child at all. I suggest you not risk it.

Expert:  Samuel II replied 3 years ago.

HI

 

We need to continue in this format because the Chat mode is not functioning properly at this time.

 

So, I would suggest you suspend the site until you get the custody matter settled.

 

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Law Educator, Esq. replied 3 years ago.
your previous expert was correct here. Judges in MA are very conservative when it comes to this behavior. These sites, while legal, can be frowned upon by the MA courts which are very prudish. It will be difficult for her to argue about you doing this without her permission, since she was willingly participating. Text messages cannot be recovered in most cases unless you subpoena them within less than a month after being sent and generally when we subpoena the information the most we get are the phone numbers that sent the texts but not the messages themselves.

Thus, your previous expert's advice, especially since your wife has some very severe problems that the court would probably refuse her custody over, to take down the site for now is wise. You are in the best position here for custody and because the courts are very conservative having this information out on the web can put you in a bad light with the courts morally and they can use that to say that you are not morally fit to be in the child's best interests.

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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92756
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Law Educator, Esq.
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