Non Custodial Parent Posting Pictures: Legality and What to Do

Is non custodial parent posting pictures of your child online without your consent? If you are a custodial parent and you see pictures of your child posted by the non-custodial parent on social media or another website, it is normal to feel worried, confused, and uncomfortable.

You might wonder what the legalities surrounding this situation are and what steps to take next. In this article, I will discuss both the legalities and possible actions you can take if a non-custodial parent posts pictures of your child without permission.

non custodial parent posting pictures

Non Custodial Parent Posting Pictures: Do They Need Permission from Other Parents?

Legally, non-custodial parents have rights when it comes to their children. They have the right to contact them and take photos of them if they do not disrupt the other parent’s relationship with the child. But can the non-custodial parent post their child’s photo on social media?

If there is no court order against it or the photo does not contain anything objectionable, non-custodial parents can post photos of their children. In general, they do not need permission from the other parent to do so.

However, non-custodial parents should be aware that photos posted on social media could risk the child’s safety and privacy and potentially impact future custody decisions. Also, non-custodial parents should always be aware of the child protection photography policy and its potential repercussions before posting any photos. It may amount to child endangerment, and dropping a charge of child endangerment is tough.

If the photo you are posting contains the image of a custodial parent, then non-custodial parents must seek permission from that parent before publishing it. Also, remember that if the image is objectionable for any reason like it is degrading or contains nudity, non-custodial parents can face legal consequences for posting it.

Non Custodial Parent Posting Pictures: What Can You Do?

“Can I stop my ex posting pictures of my child on social media?” 

Yes, you can if that image is objectionable and a court restraining order is in place. However, here are 5 things that you can do to stop a non-custodial parent from posting pictures of your child without permission:

#1. Discuss with the non-custodial parent:

If you are a custodial parent and you have seen a non-custodial parent posting pictures of your child, the first step is to discuss it with them. Explain why this could harm the child’s privacy, safety, and future custody decision. Try to reach an agreement between you and the non-custodial parent on what photos can be posted.

Also, set up a clear communication channel for non-custodial parents about their children – both non-custodial and custodial sides should be informed of any photo updates.

#2. Report on social media:

If the non-custodial parent continues to post pictures of your child that you are uncomfortable with, remember that social media outlets have policies regarding how photos should be used. So you can report their posts to the social media platform. The platforms will then review and take appropriate action if needed.

Most websites have procedures in place to handle such cases, so be sure to familiarize yourself with their policies. You can also block non-custodial parents from viewing any content related to your child on social media platforms.

#3. Send legal notice:

If non-custodial parents still do not follow your agreement, you can send a legal notice to them. This should be done if a non-custodial parent continues to post photos without permission or posts objectionable images of the child.

In the legal notice, make sure to explain why posting such pictures could be potentially harmful to the child’s privacy and safety. In some cases, non-custodial parents may not be aware of the implications of their actions, and sending a legal notice could be enough for them to realize it. Make sure to keep copies of all notices sent, as they can be used in court if necessary.

#4. Collect proof:

If you are a parent who does not want images of your children on publicly viewed social media accounts and the court will not impose a restriction on the other parent, you should regularly monitor your co-parent’s account and read the comments. If you see anything alarming and concerning, immediately contact the other parent and request that they remove the post.

Take a screenshot of the post and the concerning comments. If the other parent refuses to remove the post, contact your attorney. While the court may not initially be inclined to issue a restriction, if you can show that the postings are receiving disturbing comments, the court may be inclined to act.

Further, you can create a paper trail of all communication regarding non-custodial parent posting pictures. This includes emails, text messages, and any other communication related to the issue.

#5. Go to court:

In extreme cases, non-custodial parents may continue posting pictures of your child despite all warnings. If a non-custodial parent persists with such behaviour, you may have to take the matter to court. Go to court with a clean hand- don’t bad-mouth the other parent for this issue.

Consult with a lawyer and explain the situation. They will inform you if a court order can be obtained that prevents non-custodial parents from posting pictures. You will need to provide proof of non-custodial parent’s actions and any communication you have had with them.

Should you put up pictures of your children on social media? I hope the below discussion will help you properly to understand:

FAQs on Non Custodial Parent Posting Pictures

Is it legal to post pictures without consent?

Posting pictures online without consent is a tricky legal issue. In most cases, posting a photo of someone without their permission can constitute an invasion of privacy, making it illegal.

For example, if a person was photographed in an embarrassing moment and the photo is made public without their consent, they could potentially file a case against the perpetrator. There are laws against posting pictures without consent.

That said, by using appropriate attribution rules, one can post certain types of content without the risk of violating privacy laws.

Additionally, there are certain instances when it may be necessary to post sensitive images without consent but with due caution and careful consideration of all potential risks and implications. Generally speaking, err on the side of caution and avoid posting pictures without consent if possible.

Why should parents not be permitted to post pictures of their children?

Many parents are unaware of the potential risks associated with sharing pictures of their children online. Posting pictures of minors can lead to various dangerous situations, such as child exploitation and abduction.

Additionally, when images are posted without permission, there is no control over how they are used or shared by others. This could lead to your child’s pictures being used maliciously, such as for bullying or identity theft.

When images of a child are posted publicly, they become searchable on the internet and can be seen by anyone. This makes them vulnerable to online predators or scammers who may contact your child or use the image without permission. Hackers can still access or steal even if the images are posted to a secure site.

Another concern is the potential long-term effects of sharing pictures online. Once an image has been uploaded, it cannot be erased completely and may remain online indefinitely. 

Even if parents delete the original post, copies on other sites may still exist. This means that what may have been innocent photos when the child was young can become embarrassing or even damaging to them later in life.

Can someone post pictures of my child without permission on social media?

“Can someone post pictures of my child without permission on Facebook?”

Can someone post pictures of my child without permission on Facebook?”

“Can step parents post pictures on Facebook?”

– and others.

Posting pictures of someone else’s child on social media without permission can invade privacy and have potentially serious consequences. It is inappropriate and wrong without understanding the parents’ sensitivities or consent. However, things are quite different when it is a matter of one’s own child.

Parents must always consider that children have less control over their digital footprint and may be exposed emotionally in a way they are not prepared for or even aware of.

Even if it is done with good intentions, one must take special care when posting sensitive information about someone else’s child online. The legitimacy of consent must always be respected when considering sharing any private information.

Can you sue someone for posting pictures of your child?

It cannot be easy to know what to do if someone posts pictures of your child without permission. In many cases, the law is on your side, and you have grounds for legal action.

Generally, a court will require proof that the pictures were published without permission and with malicious intent before ruling in your favour. If you feel someone has wrongfully posted images of your child online without permission, consulting an experienced attorney may be the best option for protecting their rights and ensuring justice is served.

Can facebook posts be used in family court?

There is no definitive answer as to whether or not Facebook posts can be used in family court. It is known, however, that many divorce cases take months or even years to resolve due to the nature of such cases.

As technology like social media becomes increasingly intertwined in our lives, there is an ongoing debate in the legal arena regarding whether this type of evidence should be admissible in family court proceedings.

On the one hand, lawyers argue that people put so much personal information on social media platforms, which can help strengthen a case for either party involved in the dispute.

On the other hand, it can be argued that these posts should not be used because of how easily accessible they are and how quickly people post things online without thinking about the long-term consequences. Nowadays, courts are accepting Whatsapp messages in divorce cases. So some courts may accept Facebook posts as a part of the evidence.

Ultimately, this issue will need to continue being evaluated by courts on a case-by-case basis until a unanimous ruling can come out of it.

Can social media be used in custody cases?

Yes, social media can be used in custody cases. Judges may look at a parent’s online activity for evidence of their character or conduct. For example, if the mother posts pictures showing her partying and being irresponsible, the judge may consider this when determining which parent should have primary custody.

Social media posts also provide insight into the other parent’s ability or willingness to be involved in the child’s life. If the father posts pictures of himself interacting with and enjoying time with his child, this could prove that he is a good parent and should have custody.

Similarly, social media can also investigate allegations of neglect or abuse. If it is suspected that the custodial parent is not providing adequate care for their child, posts on social media can be used to help prove this.

For instance, if the father posts pictures of himself out drinking and partying while his child is left home alone with no supervision, the court may take this into consideration when determining custody.


In some cases, non-custodial parents posting pictures without permission can breach the child’s privacy and safety. If non-custodial parents continue to do so, custodial parents need to take proper steps to protect their children.

This can include talking with non-custodial parents, reporting posts on social media platforms, sending legal notices, collecting proof, and going to court. By taking these steps, custodial parents can ensure that non-custodial parents do not post pictures of their children without permission.

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