Joint Custody - Model Release

[mrsrice22]

Just out of curiosity, does anyone know (or has dealt with) what the policy/laws are regarding Model Releases for minors when parents are divorced? For example, if Mom books a session, signs the release and you post their images online and Dad sees it and wants it taken down, do you have to have both parents consent to publish?

Thanks,
Kristina

[msamadani]

interested in this answer as well....

[ggeen]

Custodial parent should be sufficient, right? After all, you don't need both parents when they are still married. Maybe one of the attorney types on here has the answer.

[mrsrice22]

Hoping so. It hasn't become and issue yet but I have a feeling that it *could* with recent events of childish behavior unfolding between the parties. I just have a feeling that if the other parent sees the child on the "internet" then they'll scream and holler that they don't want their child on the internet because of all the "sickos" and online predators.

[surlynkid]

my wife is divorced with a son. she is the custodial parent. the custodial parent gets to make all those decisions without consulting with the ex. it is in the divorce decree. i have read the thing many times due to problems with her ex. you are good to go with mom's signature. dad would have to sue mom to get the pics removed.

[suerenee]

It would depend what the decree says. My ex has no say or control of what I do with the kids and he is strictly prohibited from making binding agreements that affect them or their interests. I agree that the custodial parent makes the choice. Of course the non-custodial parent can always take the kids to get portraits made anywhere. I'm not an attorney but had a big custody battle...unless it's spelled out as an exclusion the joint parents can make decisions regarding the children when they are in possession of the children.

[RKDauph]

As many have already said, it depends on what the divorce decree says. I will caution that anyone can sue anyone for anything, being in the right does not usually benefit the bank account. You MAY be able to recover attorney fees for defending yourself in litigation in the long term but in the short term..(?)

If the non-custodial parent asked me to remove the images, I would.

[mrsrice22]

They have 50/50 custody, so would they both be custodial?

I don't know what's in their court documents, all I know is that they share 50/50 custody and everytime they (dad/stepmom) find an opening to take a jab at the mom they do. I'm just wondering how long it is before one of them comes across the images and decides to pick a fight over that too.

Thanks for the input!

Kristina

[suerenee]

Originally Posted by mrsrice22

They have 50/50 custody, so would they both be custodial?

I don't know what's in their court documents, all I know is that they share 50/50 custody and everytime they (dad/stepmom) find an opening to take a jab at the mom they do. I'm just wondering how long it is before one of them comes across the images and decides to pick a fight over that too.

Thanks for the input!

Kristina

One parent would be deemed the custodial parent no matter what the visitation arraignments are. Typically the custodial parent is mom--the person who determines the residency of the child.