Is It Legal To GPS Track Your Child? – What You Need To Know!
Going through a legal separation, divorce, or child custody case can be absolutely brutal. If you are reading this article and facing one of these situations you have our deepest sympathies, as a divorce or contentious custody agreement can be trying on parents, children, and everyone involved. Unfortunately, it is very common for one parent to take full custody of a child based on the grounds of the co-parent being negligent or violent. This can be due to homelessness, unemployment, domestic violence, drug use, or other forms of addiction. If you believe your ex is a negligent parent and want to make sure your child is safe or you believe your ex might be tracking you, this article will demystify laws surrounding GPS tracking child custody.
Small Personal GPS Tracker
Size: 2.30 x 2.30 x 0.79 Inches
Related Article: Children’s GPS Tracking Jewelry
7 Reasons Why Parents Use GPS Devices For Child Safety
- Co-Parent Is Involved In Drugs
- Co-Parent Has Mental Disorders/Illnesses
- Child Is Being Neglected
- There Are Arrest Warrants Out For Ex
- Parent Of Child Is Involved In Illegal Activities
- Non-Custodial Parent Has New Partner That Is Suspicious
- Ex-Partner Has Criminal Background
Can GPS Tracker Be Used As Evidence In Child Custody Hearings?
If you hire a private investigator, they can legally obtain information about your ex through the use of surveillance technologies such as voice recorders, hidden cameras, and GPS tracking devices. However, many people do not have the money to hire a private detective and may choose to purchase a spouse GPS tracker to conduct their own investigations. This is where things can get tricky because if a GPS tracker was used unlawfully any evidence gathered from the GPS device will be inadmissible in court. An example of this would be if you entered your ex’s automobile and used a GPS system to secretly track their vehicle or downloaded a spy upon their cell phone without consent. There are some legal gray areas if a hidden GPS tracker is placed on the outside of a vehicle that is parked on public property, but you would need to research the GPS laws in your state for more details on this.
GPS Tracking Child Custody In California
If you are a California resident involved in a nasty child custody and divorce situation then you might be wondering, “Can my ex track me during my parenting time?” If you are the parent or legal guardian you do have some rights when it comes to tracking your child’s whereabouts. Cell phones and personal GPS tracking devices can all be used to help a parent make sure their child is safe, but that location tracking technology comes with legal limitations. For example, if you want to use a GPS tracker to monitor a non-custodial parent when they are in the custody of that child it is considered illegal in California. More importantly, it is illegal to put a GPS tracker on someone’s car in California if you are not the owner or lessor of that vehicle even if you state the reason is the child’s safety.
But Can My Ex Track Our Child’s Cell Phone?
There are parental apps that use tracking software and could allow your ex-partner to monitor their child’s location, even when that child is in your custody. Regardless of a divorce or family legal drama, there are no laws that prevent a parent from using a spy app to track their child’s phone. On the other hand, there is no law preventing the custodial or non-custodial parent from turning that cell phone off.
Modern technology can be useful in divorce and family disputes, but it is critical not to infringe on the privacy rights of others and even more important to collect any evidence legally. This means consulting with a private investigator or family law professional before using a vehicle tracking system or spy app. Whether you are dealing with issues related to physical custody or property division, a family law attorney can advise you on how to move forward in a way that will help your case and allow you to legally acquire the information you need. We highly recommend you reach out to law offices in your state to get the latest information regarding the use of electronic surveillance in a child custody case.
Matthew is a freelance writer who is passionate about technology, music, photography, and decentralized finance.