A ‘Toxic’ Combination? How to Handle Recordings of or Made by Minor Children in Child Custody Lawsuits – KJK

Britney Spears’ Ongoing Authorized Issues

In the latest yrs, there has been no lack of news coverage about pop singer Britney Spears and her ongoing legal issues. Notably, regardless of the pretty public mother nature of the turmoil that has surrounded Ms. Spears for really some time now, there have been really few, if any, publicly discovered authorized custody disputes pertaining to the singer’s two (2) small sons from her marriage to ex-spouse Kevin Federline. In simple fact, Mr. Federline has, for several years, been practically silent – at least publicly – about Ms. Spears, her ongoing authorized issues, and/or their shared children.

Nonetheless, that all altered very not too long ago. Specifically, in mid-August 2022, Mr. Federline posted a collection of films to his social media in which Ms. Spears could allegedly be heard arguing with their shared slight sons. The video clips experienced been filmed covertly. In Mr. Federline’s social media submit (which has considering the fact that been deleted), he acknowledged that the movies were being recorded by the small children, despite the fact that he did not elaborate as to how these movies finished up in his possession. Provided the timing of Mr. Federline’s social media publish, it appeared that these video clips ended up posted in response to sure responses that Ms. Spears had built publicly about Mr. Federline and his domestic.

Eventually, the public response to Mr. Federline’s social media post was swift, with most leaping to Ms. Spears’ protection. Without a doubt, the overwhelming community feedback was that the videos simply just depicted Ms. Spears appropriately parenting her little ones as opposed to nearly anything problematic. Moreover, the public, normally, appeared to agree that, if anything, Mr. Federline was out-of-line for even posting the videos in the to start with area.

Are Recordings Taken by Minors Compelling in Youngster Custody Cases?

Even though these video clips of Ms. Spears ended up not posted in relationship with an ongoing little one custody make a difference, it is not uncommon for these kinds of films to floor in relationship with these types of lawsuits. In reality, for noticeable factors, films and recordings of moms and dads allegedly behaving poorly are usually made available as evidence in link with kid custody circumstances. But what about when these video clips or recordings heavily attribute the insignificant young children, and/or are taken by the minor youngsters, like the videos posted by Mr. Federline? Is these types of media in the same way compelling in a youngster custody scenario?

It is dependent.

As a common make any difference, when it comes to media that greatly features a minor youngster or was recorded by a minimal boy or girl, it is finest to tread frivolously when using the identical in relationship with a child custody circumstance. This is true for a selection of motives, but Mr. Federline’s situation exemplifies the key cause: working with these types of media can backfire spectacularly.

To this stop, it is important to consider and be able to satisfactorily remedy the subsequent a few (3) groups of queries when analyzing how to deal with this type of recording or online video in a little one custody subject.

What are the Situation Surrounding the Recording?

1st, what are the instances bordering the movie or recording? Precisely:

  • Why was it produced?
  • By whom was it built?
  • At whose direction was it produced?
  • When was it made?
  • How and when did it appear into the possession of the dad or mum who intends to make the most of it?
  • When the movie or recording came into the possession of stated father or mother, what did that parent do in reaction to looking at the media?
  • Who else has noticed the movie or recording?

While these varieties of inquiries could seem to be like overkill, when it comes to media involving small little ones in a kid custody situation, it is crucial to total a complete examination of these and equivalent concerns. This is particularly vital for media that was recorded by a minimal boy or girl. In the long run, this is simply because these types of media – and media recorded by a minor kid, primarily – position the kid squarely within the dispute involving the mother and father, which is some thing that courts typically do the job quite difficult to stop.

Does the Recording Assist or Harm Your Case?

Second, is the written content of the movie or recording as compelling as initially thought immediately after reviewing the same with a essential eye? Place a further way, what is the likelihood that the content material of the media at difficulty could be viewed in a way that is adverse to your wanted consequence? For instance:

  • Does the articles appear to be pressured or coerced?
    • This is an specially vital consideration when the matter of the online video or recording is a minimal little one.
  • Is there too a great deal space for interpretation of the content material exhibited in the recording or video? T
    • The videos of Ms. Spears posted by Mr. Federline provide a excellent instance of why this thing to consider is critical. Specially, dependent on the distinct information highlighted in the media, a video clip or recording of a mother or father angrily yelling at his or her youngster could be interpreted either as an instance of verbally abusive parental behavior or as an occasion of proper parental self-discipline.
  • Does the movie or recording portray all people concerned in a significantly less than perfect light-weight?
    • This is a popular possibility when the media at challenge depicts the moms and dads participating in a dispute about the small baby – particularly when the small youngster is present for the altercation.
  • Does the movie or recording stand for an attempt to have the minor little one voice his or her wishes in relationship with the baby custody proceeding?
    • This sort of articles is not only usually frowned on by the courtroom, but the similar, by statute, are not able to be regarded by the court docket in connection with a little one custody proceeding in Ohio.

Whilst the details previously mentioned are not supposed to be extensive, the very same do illustrate some of the common challenges presented by these types of media.

Is it Worthy of the Threat?

Third, and eventually, is the opportunity profit of giving or otherwise presenting the movie or recording in connection with the youngster custody lawsuit worth the likely risks of executing so? Of course, the response to this question relies upon on the person info of just about every and every single custody issue as nicely as the unique media at problem. Unfortunately, inspite of the same – and regardless of the specifics – making a resolve these types of as this will under no circumstances be as slice and dry as a single would hope. Nevertheless, accomplishing the different analyses set forth herein will, no question, at the very least deliver a valuable roadmap to figure out how to respond to this question and, in the long run, cope with these types of media.

The Importance of Acquiring an Encounter Youngster Custody Lawyer

In addition, obtaining an knowledgeable lawyer on your facet can be an invaluable asset when it arrives to creating these forms of shut phone calls. Not only does an professional child custody lawyer have the requisite legal know-how to help you in preparing your case, but he or she is also ideal positioned to perspective these varieties of media with the neutral and discerning eyes needed to information you in the proper route.

If you are experiencing these or any other sorts of concerns in relationship with your divorce or kid custody situation, you do not require to go by it by yourself. If you will need assistance on divorce, dissolution or other domestic relations matters, be sure to get hold of Janet Stewart Scalley at ([email protected] 216.736.7261) or another member of the KJK Family Law Team, by cell phone at (216) 696-8700.