QUESTION

Can cell phone GPS locations or coordinates be disclosed through subpeona?

Asked on Aug 05th, 2016 on Civil Litigation - New Jersey
More details to this question:
I am in a custody battle (we have joint custody with her having residential custody of our 8 month old son but i am trying for sole custody as she is an unfit parent) and have reason to believe my ex has been taking our son across state lines without my knowledge. Is there a way that the GPS locations on her cell phone can be made available through subpeona?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Theoretically, you can subpoena the cell phone, and hire an expert to go through it for gps data.  However, I'm not sure that the Court would uphold such a subpoena if challenged, nor am I sure that an expert would be able to determine gps history.  Also, assuming that the gps showed travel across state lines, and that such travel with your son would violate some court order or agreement between the two of you, how would you prove that your son was traveling with your ex-wife?
Answered on Aug 08th, 2016 at 1:57 PM

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