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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118658
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am trying to protect my 3 yr old son from his privacy and

Customer Question

I am trying to protect my 3 yr old son from his privacy and safety from being violated by his father. I have custody of my son and his father has him every other weekend. I'm making up an order and motion for court this Weds, but i need to know the laws in WA state or across the country that I can reference that stop his father from uploading videos to his YouTube account or making a live video on YouTube of my son. He's been doing this since before I left him last summer and the court ordered him to stop last fall, but if I don't find the correct laws to reference for court Weds, I don't know if our family Judge will listen to my motion. Can you please help? This man lists his address on his social media accounts, so the public knows where he lives, which puts my child in danger, nevermind invades his privacy. Can you help
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: WA, Pierce County
JA: Have you talked to a lawyer yet?
Customer: No, I am a disabled Veteran and have no money for a lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that I am trying to protect my minor child from being exploited on social media, and putting his privacy and safety in danger
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
The only laws I can find that even relate is WA State Privacy Law RCW 9.73 (but I don't know which section?) and the Digital Media Law which WA state falls under, but that isn't enough for this Judge, she wants more information
Customer: replied 11 months ago.
Customer: replied 11 months ago.
Please call me, LoriLee, at(###) ###-####
Customer: replied 11 months ago.
or email me at***@******.***? Please just answer, my court date is this Wednesday the 9th
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to have to be the bearer of bad news to you, but there is no RCW or federal law that prohibits a parent or relative from taking photographs or video of a child and posting them online. The only laws would be for commercial use of a private image (in other words, if a company used your child to promote their product without compensation). Other than commercial use of your child's image, there actually is no law that prevents a father from taking video of their child and posting it online and that is what the judge is trying to make you see by looking at those laws. If you actually have read the laws on privacy and video, you would see that there is nothing in them that addresses what you are trying to stop I am sorry to have to inform you.

I would love in cases such as yours to be able to pull out a case or statute, but your question is one we get frequently from divorced couples in custody disputes and it is one that seems to infuriate some parents when we have to tell them that the law does not prevent such conduct. However, as much as we would love for there to be some law, we can only tell you the actual status of the law and what you are alleging above is not prohibited by any law I am sorry to have to say.

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