This thread was locked on 2010-07-07 04:47:59
Forums > Photography Talk > Baby Mama Photo Drama

Photographer

Autumn Roses

Posts: 416

Traverse City, Michigan, US

I did a favor for a friend of mine and took pictures of his three year-old son because he wanted something to hang on his wall. I also agreed to make a couple prints for his son's mother and grandma.

Now, the baby's mama is having a hissy fit and saying she is going to sue me because I didn't have her consent to take the photos.

The mother and father have joint custody of the boy, and I'm not sure what to do.

Advice?

Jul 06 10 09:38 pm Link

Photographer

TheScarletLetterSeries

Posts: 3533

Coeur d'Alene, Idaho, US

It sounds like someone has some serious "control" issues.

Dad can give consent.

Jul 06 10 09:40 pm Link

Photographer

Paul Brecht

Posts: 12232

Colton, California, US

Post hidden on Jul 07, 2010 04:46 am
Reason: violates rules
Comments:
Please do not post BS in the industry forums.

Jul 06 10 09:40 pm Link

Photographer

Paul Brecht

Posts: 12232

Colton, California, US

Post hidden on Jul 07, 2010 04:45 am
Reason: violates rules
Comments:
Please do not post BS in the industry forums.

Jul 06 10 09:41 pm Link

Model

--Ishtar--

Posts: 1254

Heerlen, Limburg, Netherlands

Surely you only need one parent's consent to take a picture of their child?
If a child goes on a school trip, only one parent needs to sign the consent form. It would seem pretty ridiculous for the other parent to threaten with suing the school for not asking her(him), too.
Are their community lawyers/legal experts available in your area? These could give you an idea as to what your rights are.
Good luck.

Jul 06 10 09:42 pm Link

Photographer

Andrew Iverson Media

Posts: 570

River Falls, Wisconsin, US

Ugh. i know so many people going through divorce that keep pulling this kind of thing, and from what i see they live to regret it. I don't really know what to tell you legally, but i can't imagine just pictures of a kid where only one parent consents being something that can be done, although i've been proven wrong before.

Jul 06 10 09:46 pm Link

Photographer

TheLoftStudios

Posts: 973

Houston, Texas, US

Autumn Roses wrote:
Now, the baby's mama is having a hissy fit and saying she is going to sue me because I didn't have her consent to take the photos......

Tell me that you really don't believe this.....

Jul 06 10 09:46 pm Link

Photographer

Picture This 808

Posts: 525

Aiea, Hawaii, US

Would she be willing to sue Sears, Olin Mills, or Walmart for doing the same?

I would do absolutely nothing until I got the court notice. If she really went through with her threat I'd file a counter suit for filing a frivilous case.

vince PTP 808

Jul 06 10 09:47 pm Link

Photographer

Paul Ferris

Posts: 3625

New York, New York, US

Picture This 808 wrote:
Would she be willing to sue Sears, Olin Mills, or Walmart for doing the same?

I would do absolutely nothing until I got the court notice. If she really went through with her threat I'd file a counter suit for filing a frivilous case.

vince PTP 808

Also slander and defimation of character.

Jul 06 10 09:51 pm Link

Photographer

Vincent Wise Jr

Posts: 108

Jamaica, New York, US

Since they share custody, and you recieved consent from the father. She has no  basis for her complaints. Go ahead with giving the father his pictures, and encourage her to sue you. Judge Joe brown, would have a field day with this broad........

Jul 06 10 09:53 pm Link

Photographer

Lucas Chapman

Posts: 6129

Scottsdale, Arizona, US

Autumn Roses wrote:
I did a favor for a friend of mine and took pictures of his three year-old son because he wanted something to hang on his wall. I also agreed to make a couple prints for his son's mother and grandma.

Now, the baby's mama is having a hissy fit and saying she is going to sue me because I didn't have her consent to take the photos.

The mother and father have joint custody of the boy, and I'm not sure what to do.

Advice?

You do nothing.  You are in the right

Jul 06 10 09:55 pm Link

Photographer

Simmagination

Posts: 3129

Westminster, Maryland, US

She probably needs booze money or something and is hoping you'll get scared and settle for a few hundred roll

Jul 06 10 09:57 pm Link

Photographer

Gaze at Photography

Posts: 4371

Hilton Head Island, South Carolina, US

Give her a few prints, then attach an invoice marked "Paid in Full" for about $600.

She'll go "Wow, thanks"

(I hope)

Jul 06 10 10:01 pm Link

Filmmaker

ByeBye100000

Posts: 3548

Los Angeles, California, US

TheScarletLetterSeries wrote:
It sounds like someone has some serious "control" issues.

Dad can give consent.

Exactly, don't worry. She sounds nuts and that doesn't go far.

Jul 06 10 10:04 pm Link

Photographer

Chris Baylor

Posts: 18

Plano, Texas, US

David Gaze wrote:
Give her a few prints, then attach an invoice marked "Paid in Full" for about $600.

She'll go "Wow, thanks"

(I hope)

Absolutely spot on.

Jul 06 10 10:11 pm Link

Retoucher

James Minshall

Posts: 218

Bedford, Indiana, US

Give dad a couple 30x40s to hang, hopefully she will see them when she picks up her son from his place.

Jul 06 10 10:13 pm Link

Photographer

Chicchowmein

Posts: 14585

Palm Beach, Florida, US

Ignore her -- the father can give consent.

Jul 06 10 10:19 pm Link

Photographer

FotoMark

Posts: 2978

Oxnard, California, US

Vincent Wise Jr wrote:
Since they share custody, and you recieved consent from the father. She has no  basis for her complaints. Go ahead with giving the father his pictures, and encourage her to sue you. Judge Joe brown, would have a field day with this broad........

Just make sure you tell him you shoot with a "professional" camera, like a Canon or Nikon or something. wink You'll win guarantee.

Jul 06 10 10:23 pm Link

Photographer

Lumigraphics

Posts: 32780

Detroit, Michigan, US

Tell her to kiss your ass.

Jul 06 10 10:25 pm Link

Photographer

Zarco

Posts: 778

New York, New York, US

Paul Brecht wrote:

Or, she's just a bitch &/or on the rag...

Paul

I'll go with this.

Jul 06 10 10:26 pm Link

Photographer

Zarco

Posts: 778

New York, New York, US

Lumigraphics wrote:
Tell her to kiss your ass.

Will go with that too.

Jul 06 10 10:27 pm Link

Photographer

Fialkowski Photography

Posts: 54

Meridian, Idaho, US

David Gaze wrote:
Give her a few prints, then attach an invoice marked "Paid in Full" for about $600.

She'll go "Wow, thanks"

(I hope)

Or if she's as psycho as she sounds, she might sue the father to get a change in child support.

Joint custody means either parent can give consent (at least in my state.)

Jul 06 10 10:29 pm Link

Photographer

Fialkowski Photography

Posts: 54

Meridian, Idaho, US

Actually, when I got a divorce I went and got pictures of me and my kids.  My ex got all upset because I was "excluding her from the family."  Well, duh.

You should do a real nice picture of your friend and his son so he can hang it up where his ex can see it.

Jul 06 10 10:32 pm Link

Photographer

CP Portraits and Sports

Posts: 407

Long Beach, California, US

FotoMark wrote:

Just make sure you tell him you shoot with a "professional" camera, like a Canon or Nikon or something. wink You'll win guarantee.

And don't be saying "Rebel" or "D60"

Oh...know your lenses too. Nothing under 2.8

smile

Jul 06 10 10:36 pm Link

Photographer

myfotographer

Posts: 3701

Fresno, California, US

No need to rub anyone face in it.

I'd just ignore it - unless the boy was nude or something actually illegal was shot.

Jul 06 10 10:37 pm Link

Photographer

ASM Photography Studio

Posts: 11

Miami, Florida, US

I own a Photo Studio similar to "Sears, Glamour Shots..and all the other family photo places out there" and we have many parents that have joint custody come in seperately to get pictures of the same child..... and they each have the right to give consent, especially during their custodial time.

They usually come seperately trying to outdo each other.... go figure.

Jul 06 10 10:46 pm Link

Photographer

Lumigraphics

Posts: 32780

Detroit, Michigan, US

I think people are missing the real point here. Nobody needs to give consent for you to take pictures of a child. You need consent to USE the pictures commercially, and certainly you would need consent to enter private property (like someone's home) and take the pictures. And obviously a 3yo can't go on his own to your studio. But the mere act of taking pictures does NOT require either parents consent.

Jul 07 10 12:29 am Link

Photographer

ArtGlo

Posts: 506

Peru, Illinois, US

Lumigraphics wrote:
Tell her to kiss your ass.

+1

Jul 07 10 12:33 am Link

Photographer

PDF IMAGES PHOTOGRAPHY

Posts: 4606

Jacksonville, Florida, US

yep being joint custody, I'd pretty much call her bluff, (not legal advice)

Jul 07 10 12:40 am Link

Photographer

Photons 2 Pixels Images

Posts: 17011

Berwick, Pennsylvania, US

Lumigraphics wrote:
I think people are missing the real point here. Nobody needs to give consent for you to take pictures of a child. You need consent to USE the pictures commercially, and certainly you would need consent to enter private property (like someone's home) and take the pictures. And obviously a 3yo can't go on his own to your studio. But the mere act of taking pictures does NOT require either parents consent.

Here's the right answer. big_smile

It doesn't matter if they have joint custody. As long as you are not using the photos for anything you would need a release for, you are in the clear. It could have been grandma or auntie Sue who brought the toddler in for photos without having any custody and you'd still be OK.

Do you think newspaper photographers run around getting parental permission to take photos of kids out playing? No, because it isn't needed.

Jul 07 10 02:47 am Link

Photographer

PDF IMAGES PHOTOGRAPHY

Posts: 4606

Jacksonville, Florida, US

Photons 2 Pixels Images wrote:

Here's the right answer. big_smile

It doesn't matter if they have joint custody. As long as you are not using the photos for anything you would need a release for, you are in the clear. It could have been grandma or auntie Sue who brought the toddler in for photos without having any custody and you'd still be OK.

Do you think newspaper photographers run around getting parental permission to take photos of kids out playing? No, because it isn't needed.

wanna try that on a children's play ground (taking pictures without consent )?? you are libeled to get strangled by a parent with you own camera strap !

Jul 07 10 02:55 am Link

Model

Fur Elise

Posts: 1814

Seattle, Washington, US

You have parental consent.. she has no grounds to sue you. So long as the parent has even partial custody there is nothing to worry about. Just block her from your phone, email, ect... all will be well.

Jul 07 10 03:11 am Link

Photographer

coraxphoto

Posts: 634

Nashville, Tennessee, US

Lumigraphics wrote:
I think people are missing the real point here. Nobody needs to give consent for you to take pictures of a child. You need consent to USE the pictures commercially...the mere act of taking pictures does NOT require either parents consent.

^^^  That  ^^^


Photographers do not get signed parental consent forms before taking kids' photos on picture day at school.  They don't have any consent from either parent.


I'd just ignore her and forget about it.

Jul 07 10 03:35 am Link

Photographer

Dark Horse Rising

Posts: 3965

Birmingham, Alabama, US

Photons 2 Pixels Images wrote:

Here's the right answer. big_smile

It doesn't matter if they have joint custody. As long as you are not using the photos for anything you would need a release for, you are in the clear. It could have been grandma or auntie Sue who brought the toddler in for photos without having any custody and you'd still be OK.

Do you think newspaper photographers run around getting parental permission to take photos of kids out playing? No, because it isn't needed.

Having spent over the past 25-years as a photojournalist for a daily newspaper I can tell you as a fact that the world has changed so much that today you better ask permission from a parent before shooting a kid "out playing." Every photographer on our staff of a dozen has been jumped by paranoid, over protective "parents" over this issue in the past several years. Many times custody issues are the basis for the altercations; sometimes it is just pure and simple paranoia; and sometimes they're just being a bitch - both genders. One of our staffers had to literally run for his life from an irate "father" in a public park after shooting his kid on a swing.

It is a different world we work in. Now legally, you're correct, news photographers do not have to "ask permission" before photographing someone in a public place. It kills some spontaneous moments for us, but but the ass chewings are not worth the grief and possible danger from lunatics.

In this case, I'd tell the crazy mom to go "honk on Bobo."

Jul 07 10 03:54 am Link

Photographer

Dark Horse Rising

Posts: 3965

Birmingham, Alabama, US

PDF IMAGES PHOTOGRAPHY wrote:

wanna try that on a children's play ground (taking pictures without consent )?? you are libeled to get strangled by a parent with you own camera strap !

Thank you.

Jul 07 10 03:55 am Link

Photographer

Photons 2 Pixels Images

Posts: 17011

Berwick, Pennsylvania, US

PDF IMAGES PHOTOGRAPHY wrote:

wanna try that on a children's play ground (taking pictures without consent )?? you are libeled to get strangled by a parent with you own camera strap !

I have. Guess what: I didn't get sued. If someone does assault me then who is doing something illegal? Not me. Who is getting fined and/or jailed? Not me again. Who would be the one most likely sued? Yep, not me again.

If someone does assault me they had better be ready for me to defend myself if I have to.

Jul 07 10 04:16 am Link

Photographer

Jeff Fiore

Posts: 9225

Brooklyn, New York, US

PDF IMAGES PHOTOGRAPHY wrote:

wanna try that on a children's play ground (taking pictures without consent )?? you are libeled to get strangled by a parent with you own camera strap !

I haven't checked every playground in NYC but there is one near me with a sign that states "Adults prohibited unless accompanied by a child"

Jul 07 10 04:26 am Link

Photographer

PDF IMAGES PHOTOGRAPHY

Posts: 4606

Jacksonville, Florida, US

Photons 2 Pixels Images wrote:
I have. Guess what: I didn't get sued. If someone does assault me then who is doing something illegal? Not me. Who is getting fined and/or jailed? Not me again. Who would be the one most likely sued? Yep, not me again.

If someone does assault me they had better be ready for me to defend myself if I have to.

as one poster said times have changed, for all I know you could be some kiddie pervert, and also as it was stated there maybe a custody suit going on, , you wanna get dragged in the middle of that, and yes you can be subpoenaed. would you want a stranger shooting your child's picture ???  you take pictures of my kid unaware, trust me you wont be able to sue, ever hear of privacy act, even though we are in a public park my family is my privacy, and nor you or anybody has a right to point your camera and take pictures of us, and maybe the reason you got a way with it may have been uncaring parent ? but trust me you'll run into the wrong one if you continue to shoot kids in a park without a parents request or permission !

Jul 07 10 04:27 am Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

Autumn Roses wrote:
Advice?

stay out of it....her issue is with her ex, not you...consent is not required..
i can take a picture of anyone i want, as long as they had no expectation of privacy...

Jul 07 10 04:33 am Link

Photographer

The Art of Churchwell

Posts: 3171

QUEENS VILLAGE, New York, US

Tell her to "go for it" That usually shuts them up

Jul 07 10 04:41 am Link