In today’s era, technology has taken a rapid pace and has irretrievably reformed how society functions. It has also made its pathway into the vulnerable and complex areas of law, more commonly, battles of child custody. Courts are now looking for digital evidence, such as smart devices and surveillance tools, for more clarity and clearance to acknowledge parents’ suitability and what the child wants.
Though these apps provide much relief in decision-making, with some crucial information that come with legal and ethical risks. Let’s find out in this article what is happening with the digital risks, why it matters, and how families and the law are trying to keep up with it.
A New Digital Arena of Custody
Let’s understand this with an example where a mother installs a baby camera in her child’s room, which fully equipped microphone and detection of movement detection. Meanwhile, the father comes for a scheduled visit to his child and discovers the camera recording their gestures and conversations.
Such cases have often come across the judges in the United States, where either of the parents is using the technology and tools to monitor the activity of the child. The purpose behind it can be either to protect the child or to gather evidence to present before the court.
You must be familiar with cases like this in this highly technological era. We live in a world where every second thing near to us has smart speakers, nanny cameras, GPS-tracked devices, and even watches that detect health, voices, and location. So, if you are looking for custody, tools like this can quickly move from convenience to controversy.
How Does Surveillance Help Family Law?
The law will always consider the case in the best interests of the child, irrespective of the fact of who earns more. The family law court considers every single detail about the parent’s being it is their mental health or the house they stay in. Surveillance can help the court get clarity on what is going on in the child’s daily routine. But this also gets uncomfortable and more illegal as it questions the privacy and consent of the person.
Well, there is no clear standard of surveillance. The law varies from state to state in the United States. Let’s understand a few of them
1. California: You cannot record anything without the consent of the person, even if it is your own house.
2. Texas: It follows the one-party consent law. It means you can record a conversation if you’re part of it. But if you are recording the conversation without consent, it can raise a dispute in the family law court.
3. Illinois: The state follows strict laws. If all the parties are having a conversation, there must be consent of each member while recording; violation of this can result in severe punishment and criminal charges.
With this, we understand that using technology as “evidence” can backfire on you in front of the court.
What Digital Data Helps Provide the Custody of the Child in the U.S.?
Digital evidence is playing an important role in proving the parents’ fitness for the child’s custody. Several types of digital tools help the family court to assess the fitness of the parent:
1. Social Media: In today’s era, if you want to know about someone’s personality, people often choose to stalk the social media profile of the person. It provides an unfiltered proof of an individual’s life and can play a crucial role in providing custody. It can reveal whether a parent consumes alcohol, does excessive partying, or is negligent.
2. Electronic Messages: Emails and text messages help the court a lot to determine the emotional and mental willingness and behavior. Any pattern related to hostile or inappropriate communication can help the court to understand the determination of custody.
3. Online Activities: It can tell a lot about parents’ involvement in using online tools. It can help to detect the browsing history, inappropriate content, excessive screen time, gambling, or any involvement in illegal activities.
Technology as a Tool, Not a Trick
Not all technological devices are problematic. It can play an important role in intense custody situations and can help reduce conflict and increase transparency. For instance
Not all tech is problematic in custody situations. Many tools can promote transparency and reduce conflict. For example:
1. Online applications such as ‘OurFamilyWizard’ and ‘TalkingParents’ help the co-parents to keep their conversations documented and legal.
2. GPS-enabled watches can help the co-parents to detect he child’s location, and both parents can sit back and relax without invasion of privacy.
3. Administered video chats ensure that both parents stay within the legal and ethical boundaries.
Legal Advice from Family Law Regarding Surveillance
Many family law attorneys in the United States advise their clients to think twice before hitting “record.” Here’s what they suggest:
1. Identify your state’s laws: Before recording anything, one must consult with a lawyer, even when either parent is playing their safer side.
2. Respect court orders: If there is an order from the court regarding maintaining privacy, tech usage, or communication, you must follow it.
3. Don’t install hidden devices: Even if you are using a smart speaker or a nanny camera for safety purposes, and the other parent is not aware of it, you must think twice.
Summary
Nowadays, technology is more like a double-edged sword in many battles of child custody. Even if you are concerned about your child’s safety, misusing any of the installed devices as evidence can unravel your entire case. The law is keeping an eye on all the activities, and when does a parent cross the line?
So, here is the best advice. Always use the technology as a help, not to harm any person’s sentiments. Family law is not just a legal battle; it is more about gaining trust, stability, and creating a safe environment for the child. In today’s world, where technology has taken a pivotal role, it can reshape your family’s future.
