Divorce Spy Gadgets: How Using One Could Land You In Court (VIDEO)

Would you use spy gadgets in order to get custody of your kids?

On Thursday, "ABC World News with Diane Sawyer" explored the increasing use of surveillance equipment among exes in divorce and custody cases, from hiding a camera in a child's teddy bear to installing tape recorders in the home of an ex.

“The one thing that’s exchanged between the warring parties is the child,” attorney John Kinney told ABC News correspondent Jim Avila. “So the child becomes, in effect, some sort of Trojan horse.”

But can the material gleaned from spy equipment be used in court? In 38 states, it's legal to secretly record in a public space, ABC reported. And while federal wiretapping laws exist to protect the privacy of cellphone conversations and computer information, judges often deem the recordings admissible evidence.

In a similar story published by the Houston Chronicle Sunday, attorney Reginald Hirsch weighed in on the best way to navigate the the murky legality of domestic spying.

"I tell people that it may not be criminal, but you can be sued for invasion of privacy. The bottom line is that if it doesn't feel right, it's probably not right. I don't care how pissed off you are -- just don't do it."

Indeed, some spouses who've been snooped on are using privacy laws to their favor. Recently, one Texas father filed a lawsuit against his ex-wife, alleging that she invaded his privacy by sewing recording devices into their child's jeans. The man is reportedly seeking at least $70,000 in damages.

Keep in touch! Check out HuffPost Divorce on Facebook and Twitter .

Related on HuffPost:

Comments

[Backman]

07:18 PM on 05/07/2012

As us men know most women can't be trusted. Only way a man can believe what his woman says is to spy on her.
Put spy software in ther computer
Bug her telephone at home and record her conv or
Listen to her live calls on a scanner
Install a GPS tracker in her car.
Then one can beleive what they hear.
Oh its against state,federal wire tap laws to bad !

[PunKinPai]

05:38 PM on 05/09/2012

Why, I can't imagine why any woman wouldl cheat on a gem like you.

[gypsispyrt]

07:15 PM on 05/07/2012

Ha! During marital problems, my friend's husband attached a recording device to the phone in the house with his attorney's blessing. Consequently he heard his wife's calls to her attorney, and his kids' conversations...and mine. His attorney believed that since it was his house, it was okee dokee. Nope! One person involved in the conversation has to be aware of the recording and neither I nor the wife were aware of the recordings. I was going to sue and I had every right to but I did not. We had the husband arrested and he now is the proud owner of a criminal record! His stupid attorney is probably still a stupid attorney.

[Nancy Carrita]

06:56 PM on 05/07/2012

hate doesn't hurt anyone but the hater. conduct yourself with dignity. thats the only thing he or she can't take from you.

[albertgraphics]

04:36 PM on 05/07/2012

People concuct all these fantasies about what they are going to do to screw over their ex. Litigeous attorneys out ot make a buck will do whatever you say and will take advantage of your anger to drain you of as much money as you have available to you. The bottom line is that, regardless of the situation, it is better (specially if you have children) to make the separation as amicable as possible and remove your pride when splitting property. Otherwise suffering will be in order for everyone involved and the Children (I Assure you) will exprience pain they are not prepared to stand.

[juststeve35]

03:58 PM on 05/07/2012

The LGBT community is fighting like banshees to earn to the right to suffer through THIS??

They MUST be nuts!

[Sprinks678]

08:13 AM on 05/07/2012

The thought of using a spying device on my ex has never crossed my mind. I guess if a person suspected that their child was being abused while at their ex's home and nothing was done after the police or social services became involved, then maybe spying would be a last resort? From all of my years as a teacher, I know there are people who are able to fake it while being investigated by social services and they get away with neglect.

[albertgraphics]

04:40 PM on 05/07/2012

I think in this case it would be appropriate and evaluated in court.

[thebarbecuemast]

07:12 PM on 05/05/2012

forget you ex and fins someone to love who loves you. i would not waste a second on my ex .

[Sprinks678]

08:13 AM on 05/07/2012

I so agree! :)

[lizp33558]

05:52 AM on 05/05/2012

I can see this being the wave of the future.

[rivergirl301]

10:42 PM on 05/06/2012

I would think it would be less common. You used to have to have a grounds for divorce and thus the kind of evidence snooping provides. Now it is all no fault.

[lizp33558]

02:17 AM on 05/07/2012

I know, i think what is different now, is peole like to air there dirty laundry, years ago that wasnt so, on facebook everyday people use this for that purpose.

[MEVirginia]

09:06 AM on 05/07/2012

Still might need to have grounds if you want to punish your ex by taking away their access to the child. Once everything else gets divided, the only thing tying you together is your child.

[WSAY]

11:10 PM on 05/04/2012

I can't imagine why people would avoid marriage....