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Is Footage Recorded on a “Nanny Cam” Admissible as Evidence?

For divorce, child custody, paternity and legitimation cases in Georgia, nanny cam footage is likely NOT admissible as evidence, and here’s why:  such recordings are lawful only if you own the property and use the cameras, microphones, etc., for security purposes, crime prevention or crime detection. A nanny cam is placed to provide security and crime detection for the protection of your child with respect to the nanny.  This does not make it legal to place such cameras with the intention of recording your spouse.

I strongly recommend speaking with an attorney to obtain specific advice on the specific circumstances of your situation, before you make recordings. There are many factors to consider, for example: who owns the house, the reasons the cameras were installed, when they were installed, and who knew the cameras were installed. This is just a starting point for consideration and the determination must be made between you and your attorney.

Scott Shaw is founder and principle of Shaw Law Firm PC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm has offices in Dunwoody/Sandy Springs and serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, DeKalb, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309 or contact us.