Can I Spy on My Ex During a Custody Battle in Orlando?

If you’re concerned about your child’s well-being, you may be intent on finding out the truth about what’s happening behind closed doors. But can you legally spy on your ex to gather important information as you approach a custody battle in Orlando? This is a question you might want to bring up during a consultation with an experienced Orlando child custody lawyer.

Spying on Your Ex May Be Illegal Under Florida Law

If you want to gather evidence while approaching a child custody case in Orlando, you should review the relevant laws in Florida. First, the Sunshine State follows “all-party consent” wiretapping laws. In other words, you cannot record a phone conversation with your ex unless they specifically agree to the recording. If you record a phone conversation and attempt to play it, a judge will not allow it because you gathered the evidence illegally.

If you attempt to film your ex with no audio, you need to be wary of the state’s voyeurism laws. You cannot film your ex while they are in a private residence. You could also face criminal charges if you film them in an area like a bathroom or locker room. Generally speaking, your ex has no “expectation of privacy” in a public area, such as a park or community center. That being said, you could still face charges if you accidentally film underneath their clothes. GPS trackers are generally illegal in Florida.

Can I Hire a Private Detective?

You can hire a private detective or private investigator to gather information on your ex. However, you should make sure that your private detective is properly licensed under Florida law. Your private investigator is still bound by the exact same laws as you, and if they commit any offenses while gathering information, the evidence they collect could be inadmissible in court.

Consider Gathering Digital Information

There is a high chance your ex posts consistently on social media, and this could be an obvious source of information without ever running the risk of breaking privacy laws. If you see a post that may suggest potential child abuse or any other issues that may reflect badly on your ex’s parenting abilities, take a screenshot and save multiple copies. As long as the post was public, you have every right to do this.

On the other hand, hacking into your ex’s social media accounts or devices can easily result in cybercrime charges. Even if you knew (or guessed) your ex’s password and accessed their account without permission, this generally still counts as “hacking” under Florida law.

Can a Custody Lawyer in Orlando Help Me?

While certain types of surveillance may be illegal under Florida law, you may be able to gather information with various acceptable strategies as you approach your custody battle in Orlando. However, it is imperative that you work with a lawyer while gathering this information, as a single mistake could lead to serious legal consequences. Contact Steve Marsee, P.A. at 407-521-7171 to learn more.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html