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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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My sister-in-law and I used to be the best of friends. Now,

Customer Question

My sister-in-law and I used to be the best of friends. Now, we are the worst of enemies. Our "feud" started when she kept on posting pics of my 4yr old son on her facebook account despite the fact that I already told her millions of times not to do that. First she said yes, she wouldnt do that. I believed her. I deactivated my FB, so as not to be tempted of posting too. Even when my acct was inactive, I still reminded her not to post pics of my son. Obviously, I couldnt see what she'd been posting bec. my acct was inactive. So I just kept on reminding her, and she kept on insisting that she's not posting. After a year on inactivity, I decided to activate my account again.. And all I saw on her wall were pics and videos of my son, that I shared to her via email. That made me mad so I texted her (it was 1am).. To make the story short... She got mad at me also, saying that I don't have the right to forbid her from posting pics of my son, because she has the right to do that because she's an aunt! And she also insisted that all of their relatives back in our native country have the right to see pics of my son.
Does she really have the legal right to do that? And don't I have the right to protect my son???
I know what my rights are as a mother...
But can you pls tell me what her rights are, as an aunt of my son?
And do I have the right to forbid her from seeing my son? Will I be sued for that?
Submitted: 11 months ago.
Category: Family Law
Expert:  ScottyMacEsq replied 11 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation.

First I will address your second question, about whether you can forbid her from seeing your son.. Yes, you can certainly forbid her from seeing your son, and you will NOT be sued for that. As an aunt, she has no legal right to see you son or take pictures of him, or post those pictures. And as such she has no standing to successfully sue you.

As to your first question, that's a bit more complicated. The extreme situation is where she posts a picture of your son alone. The other extreme is where she posts a picture of a large number of children that your son is in. Basically where your son is the "subject" of the picture, rather than merely a part of the picture, that's where there's arguably a "right to privacy". Now to be entirely honest, this is an "emerging" area of law. Social networks are still relatively new, as far as the legal system is concerned (the legal system moves at a snails pace in a race-car world) and there's very little caselaw regarding this. But as the guardian of your son, legally speaking you have a right to control his image, and to the extent that he's the subject of a picture (the main reason for the image being made) you can control it. But if he's merely one of many in the image, then he would be incidental (much the same as someone taking a picture on a sidewalk where you just happen to be walking by at the moment).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 11 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 11 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Customer: replied 11 months ago.
Oh, sorry Sir. I requested a cancellation for this transaction, but you already replied. So let's just continue
My 2nd question from my letter is we're talking about pictures and videos of my son ALONE, not in a group.
Anyway, my follow-up question is, can I file a complaint against her? To makeit legal that she cannot come near my son? (even if my husband disagrees because she is his sister)
Expert:  ScottyMacEsq replied 11 months ago.

Apologies for the delay, I was in a meeting from the top of the hour until about now.

Filing a complaint against her requires proof of harassment. Now you can make it clear, in writing, to her that you would consider the continued actions to be harassing, and if she continues, bring it to the police. You can file a restraining order against her, but in my experience it's more effective to threaten a restraining order, making it clear that it would go against her record and be public record so that all her friends and neighbors could see that there is a restraining order against her.

I hope it doesn't get to this point and that you can work things out, but that's an option if you need it.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Customer: replied 11 months ago.
You said that yes i can forbid her from seeing my son. What if she insists to see my son, how do i stop her? Without taking legal actions for now. I just don't want her to be part of my son's life. Because I didn't like how she brought up her kids and that's what she's trying to do to my son. He would always bribe my son to come to her. How do i stop her?
Expert:  ScottyMacEsq replied 11 months ago.

Without taking legal actions, you "can't" forbid her from seeing your son. That is, there's no force and effect to it. But the threat is there. That's why I said that the threat is what you're going for. Otherwise, short of legal action there is nothing. There's no "department" or agency that you could talk to, etc... but rather a threat of legal action and then the legal action itself.

Customer: replied 11 months ago.
Oh ok. But for her to realize and accept that she has no right to my son as she always claims, do i need to take legal actions for that?
Expert:  ScottyMacEsq replied 11 months ago.

Not for her to "realize" or "accept", which is a voluntary action. She can do that without legal action, but if she doesn't accept it willingly, that would be where you need to take legal action.

Customer: replied 11 months ago.
Like, that she has the right to post my son's photos even without my permission?
Expert:  ScottyMacEsq replied 11 months ago.

Again, hopefully she'll accept that willingly, but if she doesn't, you can take legal action against her, seeking a temporary restraining order and even potentially prosecution for cyber stalking.

Expert:  ScottyMacEsq replied 11 months ago.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (> 1 HOUR) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Customer: replied 11 months ago.
Ok, thanks for your time
Expert:  ScottyMacEsq replied 11 months ago.

My pleasure. Again, If there's nothing else, please rate this answer. You have to rate it for me to get credit for the time that I spent with you today (close to 2 hours total). Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Expert:  ScottyMacEsq replied 11 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 11 months ago.

Hello?

Expert:  ScottyMacEsq replied 11 months ago.

Please respond... I am waiting for your response or rating so that it will close out this answer, and I'll be done for the day so I can head home...

Expert:  ScottyMacEsq replied 11 months ago.

My apologies, but I do have to head home and I can't wait for your response any longer.

Again, If there's nothing else, please rate this answer. You have to rate it for me to get credit for the time that I spent with you today (OVER 2 HOURS ). Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Expert:  ScottyMacEsq replied 11 months ago.

I see that you have not responded in some time. Are you able to see where you're supposed to rate on your screen? Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 10 months ago.

Did you have anything else? I am still waiting for your response or rating...

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