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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 165
Experience:  N/A
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I m going through a divorce and I have a son to prior

Customer Question

Hi, I m going through a divorce and I have a son to prior marriage, my "husband" ( who I m getting divorced now) is passing on a video having sex with me while my son was sleeping in bed. He already send to one of his friend who is now threatening to show my sons father, what can I do? Can I loose costody of my son based on that video?
Submitted: 7 months ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 7 months ago.

Hello. I am an attorney with experience in multiple jurisdictions and I look forward to assisting you today. Note: (1) If you want legal advice, please consult with a local attorney before acting or deciding not to act; information given here is for educational purposes only; (2) No specific course of action is proposed and no attorney-client relationship or privilege is formed herein; and by continuing, you confirm that you understand and agree to these terms and other site disclaimers.

Just to be clear, you said that your son was sleeping in bed when this happened. Was he in his own bed? How old is your son?

Customer: replied 7 months ago.
My son is now 9, I wasn't aware that he was recording this video, and as far as I know he was sleeping in our bed.
Expert:  Law Tutor, Esq. replied 7 months ago.

Please hold on while I type my response. Thanks!

Customer: replied 7 months ago.
Ok
Expert:  Law Tutor, Esq. replied 7 months ago.

First of all, you did not know that he was recording you. So you had a reasonable expectation of privacy, just like you would in a dressing room. C.G.S. § 53a-189a prohibits the audio or video recording of another person without consent where the person being recorded has a reasonable expectation of privacy. The law looks at malicious intent, or the intent to bully, humiliate or embarrass. He may have committed a Class D felony, which carries a maximum of 5 years in prison. Perhaps he is not aware of this and once he is made aware, he will stop. Also, you should not lose custody of your son solely based on this recording. The court will look at what's in the best interest of the child. Albeit not the best judgment, the child was asleep and that makes a difference. I am sure that you are aware that the child should be in his own bed, but still, I highly doubt that you would lose custody strictly based on that incident. I hope this helps.

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Expert:  Law Tutor, Esq. replied 7 months ago.

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