Parental consent for posting children's photos?

[amazingsloth]

What is the name of your state? Illinois

I have a website that has various photos depicting what I can do to photographs as a graphic designer. A handful of the photos (I believe it was four total, six with two "before" originals) are of a child with divorced parents. I was supplied the photos by the child's father to work with, and was given permission to use the photos on my site and portfolio by the child's father. The photos were not labled with names nor was there any information about the child or even the scene depicted--just the enhancements I applied to the photos. (The file name also did not have the child's name within it in any form.) The father has legal custody of the child but not physical custody.

The child's mother isn't fond of me due to a child custody case over the child and stumbled onto my business site today. She was irate to see the photos on my site and demanded they be removed (stating she hadn't given permission).

I have removed the photos from the site, but am wondering if I did need to obtain permission from both parents before posting the photos or just the one. In my research before creating my site I don't remember finding anything that got that specific past "parental consent."

Thanks!

 

[TomD1974]

Consent in this case is not a matter of biology. If the father was the sole legal guardian of the child then all you needed was his permission. If the mom doesn't like it she would then have to go after him.

As a practical matter, just how important is this photo to your business? Don't take this wrong, but even in this litigious world there is still such a thing as being a good member of the human race.

 

[quincy]

TomD1974 is right that if the father has sole legal custody, his is the only permission you legally need to get - however, some divorced spouses will find any reason at all to find fault with the other, so it is probably a smart idea in any situation involving divorced parents that you get the permission from both. You were wise to remove the photos.

(just an additional note: It is unusual that a parent with physical custody does not have at least joint legal custody....)