Warrington, PA asked in Family Law and Criminal Law for Pennsylvania

Q: Is it illegal for my father to post a picture of my 4 year old son (his grandson) on his dating.com profile

Without my consent and he has been asked to remove it. On this profile my father is seeking sexual companionship. My father resides in North Carolina

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1 Lawyer Answer
Peter Christopher Lomtevas
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Answered
  • Schenectady, NY
  • Licensed in Pennsylvania

A: The freedom of speech is preserved in the Bill of Rights, and only a court can abridge that right if there is a compelling state interest and the abridgment is narrowly tailored. Hence, without a court order from a family court judge aiming to protect the identity of a child in litigation, it is not illegal to post a photo of one's child on any website.

Assuming the asker has a court order specifically involving a child's custody, the asker must turn to that order to determine if there are any limitation or prohibition as to the posting of the child's photo on a website.

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