Family Law Questions? Ask a Family Lawyer Online.
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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?
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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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