Yes it is...are the text messages yours or your childs? What are the content of the messages?What is the name of your state? New Jersey
Is it legal for an ex-spouse to search and forward text messages from a cell phone I allow my minor child to use? It is registered to me.
Is the ex spouse also a parent of the child? If so, then it almost certainly is lawful to do this even in NJ.What is the name of your state? New Jersey
Is it legal for an ex-spouse to search and forward text messages from a cell phone I allow my minor child to use? It is registered to me.
And exactly HOW does that apply to a parent searching their child's cell phone?No, it is not legal. It would be a violation of the Federal Electronics Privacy Act.
What?!?No, it is not legal. It would be a violation of the Federal Electronics Privacy Act.
The ones I definitely know of are mostly from either myself or my current wife to my daughter. simple things. My ex has a big problem with my daughter calling my wife by any nickname other than her first name, thinks it's alienation of affection. But that's another topic.Yes it is...are the text messages yours or your childs? What are the content of the messages?
Unauthorized access to stored electronic communication is a federal crime. I could understand looking to make sure nothing was untoward, but forwarding the communication is a violation. Although the feds are unlikely to take the case, OP could and should file a civil complaint with civil penalties.What?!?
Uh ... sorry, Ozark - I do not think so. Maybe if the "child" was an adult or not the legal responsibility of the ex spouse, but if the ex is a parent of the child, you BET they have a right to go through the phone. In fact, they can likely withhold the phone unless the custody order mandates it (and I have seen that sitipulation in a court order).
Forwarding text messages MIGHT be a problem ... maybe. But that might depend on a host of factors not known (who they were from, who they were forwarded to, etc.). That situation might depend more on state law than federal as I doubt the feds are going to even think twice about this kind of thing even if it were to be unlawful to forward the text messages.
- Carl
You are assuming that a parent with the legal and moral responsibility over that child is not "authorized". There is ample law on the books that permits a parent to take items from their child where it will not constitute theft and even to physically discipline a child without it rising to assault and battery. I can only assume that a parent with legal custody or responsibility over a child would have the same leeway when it comes to messages on their child's phone.Unauthorized access to stored electronic communication is a federal crime. I could understand looking to make sure nothing was untoward, but forwarding the communication is a violation. Although the feds are unlikely to take the case, OP could and should file a civil complaint with civil penalties.
So as a law enforcement officer, you selectively enforce law and discourage people from exercising their civil rights based on your own prejudices. OK.You are assuming that a parent with the legal and moral responsibility over that child is not "authorized". There is ample law on the books that permits a parent to take items from their child where it will not constitute theft and even to physically discipline a child without it rising to assault and battery. I can only assume that a parent with legal custody or responsibility over a child would have the same leeway when it comes to messages on their child's phone.
This is not likely to go anywhere. A court would probably see a civil claim against the ex for exactly what it would likely be - a vindictive and bitter act. If the OP has the money to spend on attorneys to make the claim, well, it's his money. But, depending on what the messages contained and who they were forwarded to (and why), I don't see it accomplishing anything more than enriching the attorney and wasting a court's time.
If one parent is saying nasty things about another parent to their child via text messages, then perhaps that parent ought to cease putting their child in the middle of the mess (and, yes, I have seen that happen - even in the form of leaving voice messages regarding the other parent). If the ex couple is having a spat, I would hope they could leave the kid(s) out of it.
- Carl
Discretion is always exercised in every decision from the officer on the beat to the District Attorney. There is no conceivable way that every law can be enforced every time - we do not have that large a judicial system, and I doubt you would want to pay for the cost of such a mammoth system.So as a law enforcement officer, you selectively enforce law and discourage people from exercising their civil rights based on your own prejudices. OK.