Is it illegal for me to have pictures of a child on myspace when I only have permission from one par

I recently took pictures of my fiance's daughter, and posted them on my private myspace page. He (her father) was present when I took them(he was even in some of them) and he later gave me written permission to post them. His ex (his daughter's mother) somehow viewed my private profile and private pictures (and some of my friends profiles too), and wrote me a nasty letter saying it was illegal for me to have them because I didn't have her permission. My fiance and his ex have joint legal custody of their daugther. She is now taking me to court claiming that I am the stalker and that she needs a restraining order to protect her self and her child from me. I just need to know if she has any ground to stand on and if I will still be allowed to see my fiance's little girl.

Is it illegal for me to have pictures of a child on myspace when I only have permission from one parent?

You took the photos so you in fact own the 'copyright'. So there is no way she can claim copyright infringement. It sounds as if she is claiming you can't post them without her permission. She is wrong. As long as you have permission from one parent then it's fine. Now since she's filed a complaint a judge may order you to remove the photos but you haven't done anything illegal because you did have a parents permission.

As for her claiming 'stalking'. Stalking only applies if you are harassing the child in someway which I doubt is the case. It is not illegal to look at someones page even if they do not want you to. It's not even illegal to follow someone and take pictures, even if they are a minor, AS LONG AS it is on public property, you are not saying anything to them, harassing them by phone, email, or other internet means, and have no ill motives towards them. (I know this because someone was stalking my sister online and we found there was little we could do since the person was only 'watching' and had not actually contacted her.)

It sounds like mom needs to get over Dad and the failure of that relationship and move on. There's nothing worse than an ex who will use a child to start drama.

Sorry for your situation. Best of luck!

Is it illegal for me to have pictures of a child on myspace when I only have permission from one parent?

you cannot post those pictures legally after she has already told you to take them down she does have just cause.

Is it illegal for me to have pictures of a child on myspace when I only have permission from one parent?

Well, try and put yourself in the mom's place. If someone had pictures of YOUR child on their myspace page, and you wanted them down, and someone else refused, how you YOU feel? I am sure you'd be pretty upset. Regarldess of the mom's motivation, she is unhappy with it, and wants you to take them down. Why not just do it? Is it worth causing more hostility? Maybe your being kind enough to honor her request will show how mature you are and how willing you are to co-parent with her. Is this really worth fighting over? Put yourself in the mom's place, not in the "dad's girlfriend"'s role with the mom being the "enemy" because if you marry the dad, the ex is going to be a huge part of your life for a very long time. Why let this bitterness be the beginning? Use it instead to be a sign of your willingness to repsect her as the child's mom.

Put the legality aside and exercise some common courtesy.

Is it illegal for me to have pictures of a child on myspace when I only have permission from one parent?

document everything, go to court, but in the meantime, take the pics down....it will show you are the better person.

Is it illegal for me to have pictures of a child on myspace when I only have permission from one parent?

Personally it sounds as if this is more a case of sour grapes on the part of the mom against her ex's new relationship with you. I don't think you've done anything wrong from a legal standpoint at all.

However, I'm also very conservative when it comes to kid's pictures on MySpace. I coached my DD's basketball team a few years ago and have a picture of our team after we won the championship games. However, in deference to the fact that they are all minors, the only part of that photo that is on my page is me and my daughter.

To not take the photos down after even one parent has requested it is kind of mean and just looking for a fight.