Understanding Digital Surveillance in Divorce and Custody Cases
In today’s world, tracking devices like Apple AirTags, GPS systems, and mobile apps are everywhere. These tools make it easier to keep tabs on where things—and people—are. But when a relationship breaks down, the temptation to use these technologies to monitor a spouse or co-parent can be strong.
If you’re going through a divorce or custody battle in Texas, you may be wondering:
Can I track my spouse’s location? Is it legal to put an AirTag in their car? Can I use GPS data in court?
Before you take action, it’s essential to understand the legal risks, privacy concerns, and how Texas courts view this kind of surveillance—especially when it comes to contested family law cases.
GPS Trackers, AirTags, and Other Devices: What’s Legal?
Texas law strictly limits the use of tracking devices on someone else’s vehicle or personal belongings without their consent. Under Texas Penal Code § 16.06, it is a Class A misdemeanor to install a GPS tracker on a vehicle without the owner's permission. That can mean up to a year in jail and a $4,000 fine.
Even if you're married and the car is "community property," placing a device in your spouse’s vehicle without their knowledge can still violate the law—especially if the vehicle is in their name or primarily used by them.
Likewise, secretly placing an Apple AirTag, Tile tracker, or similar device in your spouse’s bag, on their bike, or in a child’s backpack to monitor the other parent’s movements can land you in serious legal trouble.
Privacy Concerns and Texas Law
Tracking someone without their consent may also violate privacy laws and could lead to civil lawsuits or restraining orders. Texas courts take a very dim view of actions that cross the line into harassment, stalking, or surveillance without consent.
Even if you're involved in a contentious divorce or custody dispute, you cannot take the law into your own hands by secretly monitoring your spouse. The potential consequences far outweigh any perceived benefit.
Can I Use Tracking Devices on My Own Property or Children?
Tracking your own belongings, like your phone, keys, or personal vehicle, is generally lawful. If you place a GPS tracker in a car you solely own and drive, that's your right.
Tracking children, however, enters a more sensitive area. Parents can typically use tracking devices on minor children, especially when safety is a concern. But even then, courts may scrutinize how those devices are used—particularly if it appears the real intent is to monitor the other parent’s whereabouts or private activities.
If a tracking device on a child’s backpack becomes a tool for surveilling your co-parent, you could end up violating a court order or facing sanctions.
How Judges View Tracking in Family Court
Family law judges in Texas generally frown upon covert surveillance between spouses or co-parents. Even if the intent is to gather evidence of bad behavior (like adultery or lying), using illegal methods can backfire badly in court.
Here’s how unauthorized tracking can impact your case:
- Criminal Charges – You could be arrested or prosecuted.
- Civil Liability – You might be sued for invasion of privacy.
- Evidentiary Issues – Illegally obtained information is usually not admissible in court.
- Negative Perception – Judges may view tracking as controlling, vindictive, or unsafe—hurting your credibility and potentially your case outcomes, especially in custody matters.
What You Can Do Instead
If you have concerns about your spouse’s behavior, there are better, legal ways to address them during a divorce or custody dispute:
- Talk to your attorney about lawful ways to gather evidence.
- Consider hiring a licensed private investigator who understands what is and isn’t allowed.
- Use traditional discovery methods in your case (subpoenas, depositions, financial disclosures).
- Focus on building a case based on facts, documentation, and reliable testimony.
Final Thoughts
Technology makes it easy to track someone, but that doesn’t mean it’s legal—or wise—during a family law case. When it comes to privacy, consent, and protecting your case in court, it’s always better to be cautious and informed.
If you’re in the middle of a divorce or custody battle and have questions about tracking, surveillance, or how to protect yourself from it, our experienced attorneys at Coker, Robb & Cannon, Family Lawyers are here to help.
We can walk you through the legal boundaries and guide you toward strategies that protect your rights—and your reputation.
Need help navigating your family law matter with confidence and discretion?
Contact us today to schedule a consultation.