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Social Media and Custody

You have a private social media account and you are pissed at your ex, so you post away disparaging the other parent of your child. You have them blocked, they can’t see it, so no harm, right? Wrong. This is a terrible idea.

I guarantee you someone will see your post, screen shot it, and send it to your ex.

That is now Exhibit 1 in your next contested custody hearing.

You have no right to privacy on your social media accounts as far as the court is concerned, regardless if your account is private or not. If you post it, it is fair game. I have seen posts used from out-right disparagement, as in the example above, to posts of drinking and partying, to anything you can think of to make the other party look bad.

I advise every one of my clients to cease any and all social media posts while going through a contested case and I strongly urge them to be very cautious of what they post at all times.

Lawyers are great at taken something that may really be innocent and twisting it to use against the other party. 

However, most importantly, avoid posting to protect your children. Often the children have their own social media accounts and they likely will see what you post. So please be careful and aware of what you are posting, if for any other reason, to avoid even the remote possibility that your child could see a disparaging post about their parent.

As much as you hate them, your child loves them, and at the end of the day, you need to show your children that you respect their parent. This, if anything, carries more weight with the court then other types of posts.

By Andriea Aden
July 23, 2019

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