With respect to flash drive containing photographs of wife, which husband allegedly downloaded from a Web site offering escort services, husband laid a sufficient foundation and sufficiently authenticated the photographs as photographs of wife to allow their admission into evidence in child custody action; photographs of wife depicted wife in suggestive poses, and husband identified that the photographs were of wife because he recognized her, even though her face was blurred, and husband stated that the photographs were a fair and accurate representation of wife at the relevant time he downloaded them prior to the hearing on temporary custody because of the length of her hair. But, although husband laid sufficient foundation and sufficiently authenticated the photographs as photographs of wife, there was not sufficient foundation that photographs were specifically from this escort Web site, but any error in admission of these photographs, on this basis, in child custody action was harmless because circuit court had other evidence before it that wife was working as escort and did not base its custody decision on fact that she was working for this particular escort agency.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.