How Video Taping May Help And Hurt In Custody Disputes
Custody disputes are often filled with a variety of sensitive issues. In some cases, accusations are made for the sole purpose of hurting the other party and in other cases one parent may have genuine concerns about the child’s safety when they are with the other parent. The judges in these cases have to try and sort through the all the muck raking to determine which concerns are legitimate and which are spurred on other issues.
If you have a legitimate concern having evidence of the other parents inappropriate behavior may strengthen your case. For this reason many people choose to video tape exchanges for child visitations to show the court what happens when one parent or the other is not on their best behavior. However, it is wise to keep in mind that video taping in child custody cases may help or hurt your case.
How Video Taping Can Harm Your Case
While video taping may seem like a fool proof way to provide the court with evidence of poor behavior on the other parent’s part it can actually backfire if you aren’t aware of the laws governing video taping in your state. If you are unsure what may be legal and illegal then consult with an attorney to make sure.
- Where you can video tape legally. While video taping in public is acceptable in most states video taping someone when they are in their homes without their consent may be a crime and not only will the tape not be admissible for evidence but, may actually hurt your bid for custody.
- Whether or not the video equipment is in plain sight. While some courts infer implied consent when video equipment is in plain sight most courts feel that hidden equipment prohibits the other party from consenting. However, an exception may be a nanny cam hidden in your own home but, again make sure you know the law on this.
- Any situation where you aggravate an angry or inappropriate response from the other party. If you want to prove that the other parent is physically or verbally abusive to you or your child then do nothing to aggravate any kind of negative response. Many courts see this type of behavior as manipulating behavior which will reflect more negatively upon you than on the other party.
How Video Taping Can Help Your Case
Despite the drawbacks there are times when video taping can actually help a judge make a decision in child custody disputes. Often times, a parent will restrain their behavior while in court but, let go when they feel no one is watching. So catching the other parent verbally or physically abusing you or your child or drinking and driving with your child in the car can weigh heavily on a judges decision if these actions can be proved. Here are ways video taping may help in child custody cases.
- Instead of video taping incidents yourself, agree to meet for child visitation exchanges in a public place that has surveillance cameras. That way any nasty comments, physical overtures will be caught on third party cameras and the tapes can be later subpoenaed as proof of certain behaviors.
- If a parent often returns a child while driving under the influence make sure that you station yourself in such a way that the video cameras in the public place can pick up erratic driving or at least the other parent stumbling and showing how drunk they are.
- If possible back up the evidence on the tape with one or more live witnesses. Having someone that can vouch for the incident the judge is seeing on video will strengthen the case and give the judge even more evidence on which to base his decision.
If you have legitimate concerns about your child’s safety when they are with the other parent then providing the right evidence in the right way to the court during a custody dispute can help protect your child from harm.
Video Taping Covert Camera Systems Used for Divorce or Child Custody Disputes
|Covert Cameras: These systems save all videos on an internal SD Card much like a digital camera does for later viewing. It also features motion detection based recording and audio recording if needed. A power outlet is required for the use.|
|Battery Powered Cameras: Similar to the covert cameras above all videos are recorded on an sd card for later viewing but these devices are powered by an internal battery power source.|
|Note: If you’re considering purchasing one of these cameras you may want to review our guide on where you can hide your spy camera.|
For more information on child custody take a look at these sites:
Different circumstances may impact the child custody arrangement in your divorce. The divorce courts will take many factors into consideration when determining child custody. Within this section, you can learn about important issues that factor into child custody.
You will find links to forms related to child custody and visitation in your state — including information on parenting plans and agreements where available.
Issues surrounding children — custody and support in particular — can be some of the most contentious elements in a divorce, but it serves your kids best if you can work things out. Start by learning about how child support is calculated, how judges make decisions about parenting time, and how to work together to do what’s best for your children.
State related child custody information. The state related child custody information provided is provided as a convenience to our visitors — it is not legal advice and it may not be up to date. For legal advice and the most up to date laws in your state you’ll need to contact a lawyer in your jurisdiction. If you are seeking professional services, please visit our advertisors/sponsors in the state professional directory.