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Baby Mama Photo Drama
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 It sounds like someone has some serious "control" issues. Dad can give consent. Jul 06 10 09:40 pm Link
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
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 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 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 Autumn Roses wrote: Tell me that you really don't believe this..... Jul 06 10 09:46 pm Link 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 Picture This 808 wrote: Also slander and defimation of character. Jul 06 10 09:51 pm Link 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 Autumn Roses wrote: You do nothing. You are in the right Jul 06 10 09:55 pm Link She probably needs booze money or something and is hoping you'll get scared and settle for a few hundred Jul 06 10 09:57 pm Link 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 TheScarletLetterSeries wrote: Exactly, don't worry. She sounds nuts and that doesn't go far. Jul 06 10 10:04 pm Link David Gaze wrote: Absolutely spot on. Jul 06 10 10:11 pm Link 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 Ignore her -- the father can give consent. Jul 06 10 10:19 pm Link Vincent Wise Jr wrote: Just make sure you tell him you shoot with a "professional" camera, like a Canon or Nikon or something. You'll win guarantee. Jul 06 10 10:23 pm Link Tell her to kiss your ass. Jul 06 10 10:25 pm Link Paul Brecht wrote: I'll go with this. Jul 06 10 10:26 pm Link Lumigraphics wrote: Will go with that too. Jul 06 10 10:27 pm Link David Gaze wrote: Or if she's as psycho as she sounds, she might sue the father to get a change in child support. Jul 06 10 10:29 pm Link 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 FotoMark wrote: And don't be saying "Rebel" or "D60" Jul 06 10 10:36 pm Link 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 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 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 Lumigraphics wrote: +1 Jul 07 10 12:33 am Link yep being joint custody, I'd pretty much call her bluff, (not legal advice) Jul 07 10 12:40 am Link Lumigraphics wrote: Here's the right answer. Jul 07 10 02:47 am Link Photons 2 Pixels Images 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 ! Jul 07 10 02:55 am Link 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 Lumigraphics wrote: ^^^ That ^^^ Jul 07 10 03:35 am Link Photons 2 Pixels Images wrote: 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. Jul 07 10 03:54 am Link PDF IMAGES PHOTOGRAPHY wrote: Thank you. Jul 07 10 03:55 am Link PDF IMAGES PHOTOGRAPHY 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. Jul 07 10 04:16 am Link PDF IMAGES PHOTOGRAPHY wrote: 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 Photons 2 Pixels Images wrote: 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 Autumn Roses wrote: stay out of it....her issue is with her ex, not you...consent is not required.. Jul 07 10 04:33 am Link Tell her to "go for it" That usually shuts them up Jul 07 10 04:41 am Link |