Can I sue my ex who spy me by using his cell phone video tape me in my house to get the custody of my children?

Asked about 1 year ago - Glenmont, NY

I'm in the middle of divorce. My ex used his cell phone video tape me while i discipline my kid in my house without my consent. He tried to get the custody of my children. He will show this clip to the judge to make me look like an unfit parent. Is illegal in NY to spy on ex spouse and can i sue him for invaded my privacy?

Attorney answers (3)

  1. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . I am less concerned about him recording you through a window of a home that may or may not still also be his, than I am with what he may have recorded. How is what he recorded going to make you look like an unfit parent? Please don't share anything here in this public forum that may compromise your position in your divorce, that's just a question for thought.

    I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer... more
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . He can use the recording and you cannot sue him. Please realize the recording could help you to show he's a sneaky nut. Lady Justice's sword slices in both directions. Be sure to have an attorney to properly check the recording's audibility and admissibility.

    Good luck.

  3. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . I think the video is addmissible.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more

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