Someone is blogging about my child and causing emotional distress - can I sue?

[WorriedWoman]

What is the name of your state (only U.S. law)?

Arizona

Long story short - The biological mother of my stepson has been blogging to and about him, being untruthful and saying very derogatory things about his father. She was court-ordered to remove the blog and refrain from using his name on the internet again. NOW, not only are the blogs still up (saying "gagged term" wherever a name is mentioned), but other bloggers are posting and using my child's actual name. This is causing him a great amount of emotional turmoil and distress, to the point of asking us to change his name and move to another state.

My question - are the child privacy and protection laws in the U.S. strong enough that I can sue these bloggers for posting my child's name?

 

[Some Random Guy]

File a motion for contempt with the court that ordered the removal of the blog in the first place. Get copies/printouts of the entire blog first.

Why is your child still reading this blog? How old are they?

 

[Isis1]

File a motion for contempt with the court that ordered the removal of the blog in the first place. Get copies/printouts of the entire blog first.

Why is your child still reading this blog? How old are they?

psst. it's a step child. not poster's child.

OP, DAD can file for contempt on MOM (the real and only mother to the child) for not removing the blog as ordered.

is the child the only one in the world with this name? can DAD and MOM prove the "other people" are only referencing just this one child. the one you are not a parent to?

and why is the child being shown the blog in the first place?

 

[WorriedWoman]

psst. it's a step child. not poster's child.

OP, DAD can file for contempt on MOM (the real and only mother to the child) for not removing the blog as ordered.

is the child the only one in the world with this name? can DAD and MOM prove the "other people" are only referencing just this one child. the one you are not a parent to?

and why is the child being shown the blog in the first place?

Wow Isabella. I really struck a nerve there, didn't I?

Anyhow, Bio-Mom was found in contempt, and ordered to remove the posts, which she did. However, OTHER PEOPLE have taken it upon themselves to continue posting them in other forums, their own personal blogs, etc., and YES, it can be proven that these other people are referencing this one child, as they also give his age and the school he attends. Nice, huh?

My question was, and remains, are the laws in the U.S. regarding childrens' rights to privacy and such strong enough that suing the other persons blogging may force them to remove any mention of this kid? Or is this totally covered under the 1st Amendment and there is nothing that we can do short of change his name and move?

This isn't about moms and dads and steps and so forth. This is about a kid who is absolutely mortified because everyone that he knows also knows. This is about a kid who came home from school the day it broke loose and told us that he never wanted to go back. This is about protecting a child who feels humiliated whenever someone brings it up. This is about a child who keeps asking us repeatedly to change his name so that when he goes to a new school he can say that it is not him. We're not trying to "get one over on the mother", but rather, since she isn't doing anything about it, get the other people to remove his name and other pertinent info from their many and various postings. We are protecting him. Wouldn't you do the same for a kid you loved?

This kid is 10, and remember, kids today pretty tech savvy. They have access to computers in their homes, their schools, their librarys, even their phones! Have you ever tried googling yourself or your friends? Because you can bet that they have.

 

[Isis1]

Wow Isabella. I really struck a nerve there, didn't I?

Anyhow, Bio-Mom was found in contempt, and ordered to remove the posts, which she did. However, OTHER PEOPLE have taken it upon themselves to continue posting them in other forums, their own personal blogs, etc., and YES, it can be proven that these other people are referencing this one child, as they also give his age and the school he attends. Nice, huh?

My question was, and remains, are the laws in the U.S. regarding childrens' rights to privacy and such strong enough that suing the other persons blogging can be forced to remove them? Or is this totally covered under the 1st Amendment and there is nothing that we can do short of change his name and move?

This isn't about moms and dads and steps and so forth. This is about a kid who is absolutely mortified because everyone that he knows also knows. This is about a kid who came home from school the day it broke loose and told us that he never wanted to go back. This is about protecting a child who feels humiliated whenever someone brings it up. This is about a child who keeps asking us repeatedly to change his name so that when he goes to a new school he can say that it is not him. We're not trying to "get one over on the mother", but rather, since she isn't doing anything about it, get the other people to remove his name and other pertinent info from their many and various postings. We are protecting him. Wouldn't you do the same for a kid you loved?

Oh, and Isabella? Remember that this is 2009 and children are incredibly tech savvy. Have you ever tried googling yourself or your friends?

i don't allow my children to use the computer without my supervision. not even at a friend's house. i'm still smarter than my children.

kid needs therapy. if he is that affected by what other's think of him, internet blogging isn't his only issue.

and there is nothing YOU can do. only dad. and mom. since they are his only parents. and the only ones that can sue on his behalf.

 

[WorriedWoman]

Is there anybody that would like to offer an opinion from a legal standpoint, rather then make judgemental comments when they know nothing of a situation other than a few paragraphs? Please?

 

[Isis1]

Is there anybody that would like to offer an opinion from a legal standpoint, rather then make judgemental comments when they know nothing of a situation other than a few paragraphs? Please?

legal standpoint, YOU cannot sue. not your child.

legal standpoint, DAD can take MOM to court for contempt for not complying with the court order of removing the blog.

legal standpoint, MOM and DAD can sue any third parties for whatever reason on behalf of the child.

you still have no legal standing.

 

[mmmagique]

Ok, I think her question now is: can mom or dad sue someone for blogging specifically about kiddo? Or can they make them stop by having an attorney write a letter to them?

In other words, is there anything legally that can be done? (by whomever)

 

[Rexlan]

The best solution with guaranteed instant results is for WorriedWoman to stop monitoring the blog and telling the kid and dad about it.

How simple can it be.

 

[Silverplum]

Ok, I think her question now is: can mom or dad sue someone for blogging specifically about kiddo? Or can they make them stop by having an attorney write a letter to them?

In other words, is there anything legally that can be done? (by whomever)

No. What you are not seeing is that the poster is stepmom. She, as a legal stranger, can legally do nothing. That is what several advisors have tried to make clear.

It's Mom that's blogging about her own child. It's Dad who can file a contempt motion to enforce the judge's order for Mom to cease blogging about her own child.

Whether or not the poster is pleased with the legal answers is irrelevant.

 

[Silverplum]

Is there anybody that would like to offer an opinion from a legal standpoint, rather then make judgemental comments when they know nothing of a situation other than a few paragraphs? Please?

The advice you received was correct. You're a legal stranger. He's not your child. This is Dad's legal business, should he care to handle it.

The End.

 

[WorriedWoman]

Consider for a moment the royal we. Did anyone think that perhaps I am writing for my husband, the father? Of course not. Everyone just wanted to jump on-board the "bash the stepmom train." Geez!

All I wanted to know was if this is something that is covered under the other peoples' first amendment rights, or if they could be legally forced to remove any postings mentioning the child.

The judge in family court specifically told mom that HER blogs were not covered under the first amendment because there are currently orders in place prohibiting her from contacting the child in this manner, and also from relaying derogatory information about the father.

Furthermore, if a child that you loved was in this situation, wouldn't you want to help? Or would you take the standpoint that, because you are a step-parent, that you shouldn't do anything. Also - why on earth do you suppose that I would tell the kid about this? Is it even in the realm of possibility that he found them HIMSELF and told his dad and I about them? Because guess what - he did!

If I wanted judgement I would have gone to "forum.freejudgement.com" instead of "advice".

P.S. Although I am not this child's biological mother, I have been his female parental figure for more than half his life. Quite frankly, aside from the sh*t-stirring, his biological mother has nothing to do with him, by her own choices and actions. I am this kid's mom.

 

[Silverplum]

As a legal matter, I consider this to be advised, re-advised, and over.

Consider for a moment the royal we. Did anyone think that perhaps I am writing for my husband, the father? Of course not. Everyone just wanted to jump on-board the "bash the stepmom train." Geez!

All I wanted to know was if this is something that is covered under the other peoples' first amendment rights, or if they could be legally forced to remove any postings mentioning the child.

The judge in family court specifically told mom that HER blogs were not covered under the first amendment because there are currently orders in place prohibiting her from contacting the child in this manner, and also from relaying derogatory information about the father.

Furthermore, if a child that you loved was in this situation, wouldn't you want to help? Or would you take the standpoint that, because you are a step-parent, that you shouldn't do anything. Also - why on earth do you suppose that I would tell the kid about this? Is it even in the realm of possibility that he found them HIMSELF and told his dad and I about them?

If I wanted judgement I would have gone to "forum.freejudgement.com" instead of "advice".

And yet, you received free, true, and valid legal advice.

The End. Even if you do think you're "royal."

 

[Isis1]

judging you, someone would have called YOU names. you were told the legal facts.

YOU cannot sue on behalf of the child.

MOM and DAD can sue together on behalf of their child.

DAD can take mom to court for contempt.

if dad wanted to know, dad would type instead of his wife. child needs therapy and supervision on the internet.

 

[Isis1]

and you are NOT this kid's mom, legally or biologically. until mom is stripped of her parental rights and YOU adopt her, you are NOT mom.