November 8, 2010

Divorcing Spouses Fight for Custody of Digital Photos

Florida Divorce - Who gets the rights to the digital photos

In today’s age of modern technology, almost everyone  uses a smartphone to record special moments, cheesey selfies, fun events, and even silly every day occurrences. Most photos are quickly uploaded on social networking sites or photo sharing services online to allow friends and family to witness what’s new in your life. 

Whether you took photos of your romantic getaway with your loved one or the goofy Saturday mornings in each other’s arms, photos can serve as evidence of happy times in your relationships. Couples, who face an imminent divorce or breakup, commonly review these snapshots to reminisce about the relationship and perhaps speculate as to what went wrong.

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A common issue for divorcing spouses and in family law cases is determining who retains custody of the relationship photos, as ownership of such media is often one-sided. It appears that some rivaled spouses instantly delete online photos to prevent their ex from being able to view them.

While the owner of these pictures certainly has the right to restrict their ex from accessing the photographs, giving them fair warning is consistent with digital photo break-up etiquette. Family law attorneys in West Palm Beach and throughout Palm Beach County have recognized that exercising such control over photos of shared children may even be used as evidence for parental alienation of the other parent.

Even if it does not constitute a form of parental alienation, fighting over custody and control of photos from your marriage and/or courtship can exact an emotional and financial toll on the parties. In order to play it safe, giving your divorcing partner ample time to save photos to their hard drive may assist you in creating a favorable image with the divorce court and may save you valuable time, money, and emotional resources. For more information about digital photo break-up manners, please click here.


Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss marital separation agreements, please contact The Law Firm of Charles D. Jamieson, P.A. online or call 561-478-0312. 


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