My ex has multiple people watching our child every day because they are not able to but refuses to let me to. They refuse to release this information. The child has had over a dozen different people watch them and is transitioned between multiple people, house holds and location. When asked in discovery to state the childs care schedule they responded saying it was unduly burdensome. Is it legal to hide a gps location device on the child and what process is needed to submit it as authentic evidence?
You could probably find a way to do it legally, but, I'm not sure it would be that helpful. Getting that information in at trial could be significantly complicated. You wouldn't be able to testify to its accuracy and a skilled attorney would tear it apart. If you are concerned, you may want to hire a private investagator to observe. Their testimony is easier to get into evidence, however, you would need to disclose them, but only after they completed their work.
The information provided in this response is for general informational purposes and does not form an attorney client relationship. Further, the facts of each case are distinct and therefore other than general guidance, the answer cannot specifically apply to all aspects of your case.
Depending on what the device is and where it is placed, it likely is not illegal. However, would a judge be happy that a GPS device was used, that answer depends on what reason is provided as to why the device was placed with the child.
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You can definitely find out who is caring for the child, and when, by filing a Motion To Compel. Ask an experienced attorney to help you do this.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. You have not provided me with all the facts in a consultation, therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
Since you are doing discovery, you are in court, so ask for a right of first refusal to alleviate some of the ping pong babysitting. There is a form interrogatory about daycare. If you used the form and they responded it was unduly burdensome, that is unacceptable and you need to follow through with a motion to compel. I suggest that you use the Find A Lawyer feature to set up a consultation with local counsel to go over your options.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
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