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Walmart

Asked about 4 years ago - New York

we had our childs pictures done at the portrait studio in walmart. the person taking the pictures took the proofs when the photos were done, and gave them to my childs biological father, whom she knows. we did not know of this at the time she did this. the father has no custody, or visitation, he is a violent convicted felon. when we found out, we went to walmart, and got our pictures they had left. they reassured us they would get the proofs back. now they say they do not have them yet. we are concerned that our childs pictures could end up on the internet or any where else. what our are rights with this

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Attorney answers (2)

Lloyd C. Rosen

Reputation Level 14

Answered about 4 years ago. Divorce / Separation Lawyer in Great Neck, NY.

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If you check with Walmart, you will see that their employee, by giving the proof to the child's biological father without your consent, has violated their own policy regarding sharing private and personal information with a third party. While there is little you may be able to do to prevent the third party from doing anything they want with the photos, you can and should contact Walmart regarding this apparent breach of their own policy and see what recourse they are willing to offer. If you cannot get a satisfactory result, you may wish to consider legal action against Walmart. All of this, of course, is based upon the presumption that the biological father does not have any custodial rights regarding the child.
As always, it is best for you to consult with an attorney regarding your specific circumstances before making any decision to take further legal action.

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Anthony John Colleluori

Reputation Level 15

Answered almost 4 years ago. Fraud Lawyer in Huntington Station, NY.

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You are right to worry about this. First as a previous attorney answered, Walmart is responsible to you for their employees breach of policy. A lawyer should be consulted to negotiate an appropriate monetary settlement. That might include the cost of security alarms for your home.
Further Police should be contacted to obtain the photos (they may be willing to ask for the return from the father) and to warn the father that he should stay away from the children and you.

If there is any proof that the father is attempting to misuse these photos, then an order to cease and desist can be obtained from the NYS Supreme Court. An Order of Protection may also be available.

Your best bet at this point is to contact an attorney who handles both Criminal and Family law matters and see what is specifically available to you.

Good Luck.

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