What costume photos can the other parent post?

When the other parent shares a Halloween photo, you may wonder whether you can stop it or ask for it to come down. If your custody order or written agreement does not address social media, the other parent can generally post photos of your shared child, and courts are reluctant to ban those posts. You can still ask for privacy rules and work toward an agreement that protects your child.

The key is to check your order first. Then you can discuss limits that fit your child’s age, privacy, and comfort.

The short answer

**Your order or written agreement controls first; if it says nothing about social media, the other parent can generally post photos of your shared child.** Courts have been reluctant to restrict a parent’s speech without evidence that the posts harm the child.

You can agree on posting rules even when your order is silent. A Washington appeals court upheld a contempt finding after a parent violated agreed social-media terms. The Washington opinion illustrates why clear, written terms can be easier to enforce than an informal disagreement.

Start by reading the full order, including any provisions about privacy, online conduct, or communication. If it has no relevant terms, raise your concern privately and propose specific limits, such as asking before posting or keeping the audience private. A court’s ability to impose a restriction depends on state law and the facts, so avoid treating one state’s ruling as a nationwide rule.

What courts have actually said

Courts have rejected broad restrictions without evidence of harm, while some have upheld narrower limits tied to a child’s privacy and the case’s circumstances.

In Yanez v. Sanchez (Arizona, 2024), a court barred both parents from posting about the children’s medical, educational, and other issues after the father shared a video of his daughter having a seizure. The appeals court reversed because the record showed no harm to the children and the restriction was too broad. You can read the Arizona Court of Appeals decision.

In Shak v. Shak (Massachusetts, 2020), the state’s highest court treated non-disparagement orders as unconstitutional prior restraints on speech. The court also said voluntary agreements between parents remain unaffected, so parents can choose to follow mutually agreed posting limits.

Pennsylvania’s Supreme Court upheld a narrower restriction in a contentious custody case involving public statements about abuse allegations. That ruling shows that some limits may stand when they are carefully tied to protecting a child’s privacy. The Pennsylvania decision does not concern ordinary family photos. Results differ by state and by the evidence in each case.

What a social media clause can cover

A social-media clause can set clear rules for whose permission is needed, who can see posts, and what details stay private.

A Florida court form prompts parents to consider “restrictions on the child(ren)’s images on internet sites.” One Washington parenting plan provided that the child’s social-media use was either not permitted or allowed only by agreement, with equal access for both parents. It also barred either parent from posting remarks about the other.

For Halloween, you can propose terms such as:

• Each parent asks the other before posting a photo of the child.
• Posts are limited to a private audience, such as a close-friends list.
• Photos and captions omit the child’s school name and location.
• Neither parent posts in real time during trick-or-treating.
• The same rules apply to new partners and grandparents.
• As the child gets older, the child has a say before a photo is shared.

Keep the wording specific enough that both homes know what the rule requires. If you reach an agreement, put it in writing and consider asking a lawyer or mediator how to incorporate it into your parenting plan or order.

A Halloween photo checklist for both homes

Before posting, use the American Academy of Pediatrics’ five questions to assess whether the image is safe and respectful to share.

The AAP’s five questions for parents offer a practical pause before you publish. The AAP also notes that posted photos can be altered with artificial intelligence, a reason to think carefully about who can access an image.

For Halloween posts, you can reduce identifying details and limit exposure:

• Remove geotags and turn off location sharing.
• Crop out school logos and your house number.
• Post after the night is over, not while your child is out trick-or-treating.
• Use a close-friends list or another private audience.
• Ask older children for permission before sharing their photos.

The AAP’s guidance on sharing children’s photos and videos supports making privacy and a child’s perspective part of the decision. You and the other parent can use the same checklist in both homes.

Where the law draws a line: money

Child-influencer laws in Illinois, California, Minnesota, Utah, Montana, and Arkansas address monetized content in which a child appears often; ordinary family posts do not fall under these laws.

The laws focus on accounts or content that generate money through a child’s recurring participation. Minnesota bars children under 14 from qualifying monetized content. If the other parent runs a paid account featuring your child, the rules in the relevant state may apply.

A Halloween photo shared with family or friends is different from recurring paid content built around a child’s appearances. If you believe the account is monetized and your child is regularly featured, check the law in your state and get legal advice about how it applies.

If a photo is already posted

Start with a private, calm request to the other parent; if the image violates an order, preserve evidence and seek advice about your next step.

You can ask the other parent to remove the photo or adjust its audience without making an accusation. Be specific about the concern, such as a visible school logo, location detail, or your child’s discomfort. Avoid arguing in the comments, where the disagreement becomes public.

If a direct request does not resolve the issue, check the platform’s current help page because its policies can change. Facebook accepts removal requests from parents for children under 13; teens ages 13 to 17 must report for themselves. Instagram provides a form but says it cannot act without a rules violation. Google can remove images of minors from search results, though that does not remove the image from the original website.

If the post appears to violate your custody order or written agreement, save screenshots and note where and when you saw it. Then speak with your lawyer or mediator about an appropriate response.

Sources (5)

• courts.wa.gov
• azcourts.gov
• pacourts.us
• healthychildren.org
• aap.org