Using Social Media During Divorce or a Custody Dispute

Using Social Media During Divorce or a Custody Dispute

Social media posts and text messages are popular ways to communicate with family, friends, colleagues, and associates. However, while social media can be a positive source of communication, it can also complicate things, as it has become one of the primary sources of evidence in many family law proceedings.

What people fail to remember about social media is that even if you aren’t connected with your ex-spouse or your child’s other parent, plenty of people can access the updates, comments, and photographs that you post. If you are in the midst of a divorce or custody dispute, the other party may be looking for evidence to use against you, and you may be inadvertently supplying him or her with that information.

How Social Media Posts and Texting May Impact Divorce and Custody Cases

Social media posts can be detrimental to your child custody case. If you regularly post pictures of yourself partying, drinking, or otherwise engaging in destructive behavior, the other party may present them as evidence to a judge, who may decide you are not acting in the best interests of your child. In addition, sending combative, harassing, or abusive text messages to the other party, or posting negative comments about your child’s other parent online, will negatively impact your custody case. With respect to the financial issues, if you claim you have low income, but are regularly posting online about expensive vacations and purchases, the other party may use this as evidence to show that your income is not as low as you allege.

Tips for Social Media Use During Divorce and Custody Proceedings

If you are in the middle of a divorce or custody dispute, follow these social media tips:

  • Do not discuss the divorce or custody case publicly on social media.
  • Do not badmouth your spouse or the child’s other parent on social media.
  • Do not post any photographs that depict you partying or using alcohol or drugs.
  • Do not post any photographs that depict you spending a significant amount of money.
  • Avoid posting photographs or status updates concerning new romantic partners.
  • Do not allow others to tag you in inappropriate posts or photos.

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