Can My Ex Track Me During My Parenting Time?

parenting timeQuestion:

My ex-wife is trying to use a tracking device during my parenting time with our son. She has not previously brought up that I have done anything illegal or tried to remove him from our home state or refused any contact with her.

I feel like this kind of monitoring is not only unnecessary, but also unhealthy. Our son has had a difficult time adjusting to our divorce and this seems to send the message that I cannot be trusted. I just want him to be able to adapt to our new family dynamic as smoothly as possible.

What legal grounds does she have to demand such a thing?

Answer:

Please be advised that I am barred in Pennsylvania and will answer your question based on my expertise and experience in Pennsylvania.

Pennsylvania is considered a two-party consent state, meaning that as between private citizens, the person attempting to record or track another person must have the other party’s consent or a court order in order to do so. A party’s illegal recording of another can result not only in inadmissible evidence, but also in civil and even criminal penalties in this state.

Philadelphia Divorce Attorney Jaimie Collins
Philadelphia Divorce Attorney Jaimie Collins

That being said, a judge may permit such tracking if there are verifiable concerns warranting the same, such as concerns that the parent may leave the jurisdiction with the child without consent of the other parent. If there is no such history of the parent leaving the jurisdiction with the child or written or oral support that he or she may do so in the future, then it could be argued that the tracking is simply for purposes of harassment, which may actually violate the terms of your custody and/or divorce orders.

In this type of situation, when you feel like your privacy is being invaded and your ex-wife is no longer keeping your son’s best interests in mind, it is a good idea to get in touch with a divorce lawyer who can discuss the specific facts of your case and go over your options for further relief.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jaimie Collins, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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