Protecting Children’s Privacy in Brighton, NY, Child Custody Cases (2025)

Child custody cases can be fraught with tension and undermining. Unfortunately, children are sometimes caught in the mix. In the worst cases, children’s privacy is breached for a variety of reasons. If you are a parent seeking to protect your child in a custody battle, you may want to know the importance and process for protecting children’s privacy in Brighton, NY, child custody cases.

What Are Children’s Privacy Rights in Child Custody Cases?

Many adults focus on each other in child custody cases, even though the child’s interest should be the main focus. This is because children have rights, too. Children have the right to be cared for, supported, and protected. They also have the right to privacy. To protect these rights, the New York Unified Court System outlines a Bill of Rights for children whose parents are either divorced or separated. These rights are as follows:

1. Children should not be asked to choose sides between their parents.
2. Children should be spared unsettling or ugly details surrounding their parents’ divorce or separation.
3. Children should be spared details about either of their parents’ difficult or bad personality traits.
4. Children have the right to privacy when speaking to either parent on the telephone.
5. Children have the right to avoid being cross-examined by one parent or the other after visiting a parent.
6. Children do not have to be a messenger for either parent.
7. Children have the right to avoid lying to either parent.
8. Children do not have to serve as a confidant for either parent regarding their legal proceedings.
9. Children have the right to express their feelings.
10. Children also have the right to avoid expressing certain feelings.
11. Children have the right to be protected from warfare between their parents.
12. Children should not be made to feel guilty for loving either of their parents.

These are all the rights children have when their parents get divorced or separated, with the right to privacy being at the helm. In essence, these rights keep children’s boundaries from being crossed, and they prevent children from being unfairly swayed during the divorce proceedings. Although children are dependent on adults for most needs, they are also autonomous beings.

What Laws Govern Children’s Privacy Rights in NY?

Children’s privacy rights are Constitutional under the Fourth Amendment, which protects U.S. citizens from unreasonable searches and seizures. This right extends to children, who have the right to privacy in their homes and bedrooms as well.

For instance, children may be protected under the Fourth Amendment from having their bedroom searched to secure information that could impact a custody case. An example of this could be a child who has letters written from another parent under their bed. The content of these letters may help the parent seeking custody to build a case against the parent who wrote the letter. Under the Fourth Amendment, this letter may not legally be seized.

Other laws that protect children’s privacy rights are the Children’s Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), and the New York Child Data Protection Act. All these laws protect children and may require parental consent to access a child’s private information. Children’s online privacy can be a major issue in child custody cases, as their online activity can be used against the other parent in many ways.

What Happens If Someone Violates a Child’s Privacy Rights?

Violating a child custody order, including visitation, can result in sanctions, fines, or even jail time. This is also true for violating a child’s right to privacy. If one parent or another party violates a child’s right to privacy, they can be convicted of invasion of privacy, which can be a civil case and even a felony in some situations.

Eavesdropping, for instance, is a Class E felony in New York, which may result in prison time. If a parent gets desperate in a child custody proceeding and decides to listen in on a phone conversation between the other parent and their child by wiretapping, this is considered eavesdropping. Illegal recording is also an invasion of privacy. For example, if one parent records their child’s conversation without telling them, this may be considered illegal recording.

FAQs

Q: What Is the Child Privacy Law in NY?

A: In New York, there are many laws that protect child privacy in general and during child custody proceedings. First, there is the Bill of Rights for children who have divorced or separated parents. There is also the Fourth Amendment, FERPA, COPPA, and the New York Child Data Protection Act. It is important to consult your Brighton child custody lawyer about these laws, as the legal terminology can be confusing.

Q: What Is the Biggest Mistake in a Custody Battle?

A: There are several mistakes parents can make in a custody battle, and they all involve not acting in the child’s interest. When parents prioritize hurting each other over protecting, supporting, and caring for the child, then the case becomes complex, unsettling, and harder to resolve. It is ideal when parents can come to an agreement instead of allowing the judge to make all the decisions.

Q: What Should I Avoid Saying During a Custody Battle?

A: There are many things that parents should not say during a custody battle. In general, parents should not say anything that can be used against them, and they should also avoid saying anything negative about the other parent to the child, per the child’s Bill of Rights. This can include criticism, character flaws, or anything negative regarding the legal proceeding.

Q: Do Children Have a Right to Privacy in NY?

A: Yes, children have the right to privacy in New York. Children are also protected under the Fourth Amendment, though parents may consent to certain searches in some cases. You should consult your lawyer to get a better understanding of how the Fourth Amendment protects children. Additionally, there are laws in New York to protect children’s data, education records, online privacy, and more.

Learn More About Your Child’s Privacy Rights by Consulting a Qualified NY Attorney

At Trotto Law Firm, P.C., we take your children’s right to privacy seriously. Contact us today for a consultation and to learn more about how we can help you in your child custody battle.