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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?

Glenmont, NY |
Filed under: Privacy law

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


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 are not legal advice. These opinions are based on New York practice. We have no attorney-client relationship. conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. I may be contacted at 212-553-9300.

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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.

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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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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