It is an invasion of privacy prosecutable and punishable as a felony known as Unlawful Surveillance. Even children have a right to privacy in their bedrooms and in the bathroom. Moreover, if you capture her in a state of undress in her room, this could be prosecutable as manufacturing child porn, for which you would be a registered sex offender. The question would be whether the video shows a lewd exposure of her genitals or breasts.
What you need to do right now is retain an attorney who can handle your divorce and the issues you have concerning this anticipated child abuse allegation. I am a former sex crimes prosecutor. Call me if I can be of assistance.
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
While it may not be illegal, it may not be the best strategic move in your case. Keep in mind that if in fact Mother makes those accusations, she will have to prove them. How old is your daughter, can she tell someone what's going on? Has she been to a physician? Is child protective services involved? If not, Mother can't be too concerned. Although Mother's accusations are most likely of a vindictive nature, I suggest you contact a local family law attorney to discuss your options. Best of Luck to you.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.Ask a similar question
You have a very complicated matter an need to consult with an attorney. As to the camera, I agree with attorney Knox as to the criminal nature of this matter. Your question references planing a divorce and then states you have temporary custody. These two statements generally are contradictory. Therefore, as to a divorce, you need to speak with an attorny. I offer free telephone consultation at 770-563-0005.Ask a similar question
Sign up to receive a 5-part series of useful information and advice about child custody law.