Social media posts take only seconds to type and share, but they can have long-lasting and unforeseen ramifications in child custody cases in New York. Sharing pictures, personal information, and other details on social platforms is a habit we are all guilty of. And, it becomes digital evidence that can be legally used to prove a spouse’s actions in court.
Evidence from Facebook, Snapchat, Twitter, LinkedIn, Instagram, dating websites, and blogs are now routinely used in divorce, alimony, child support, child custody, and visitation cases.
How Social Media Becomes Persuasive Evidence
Everything posted on social media has a corresponding timestamp. Even if privacy settings are in place, some people can find your information and posts and use it for investigative purposes and trial preparation. Discovering where an ex-spouse was on a certain date, whom they were with, purchases they made, and other behaviors can strengthen or weaken a child custody case.
Social media posts about a “wild night out on the town” may seem harmless, but if you are in the middle of a custody battle, it is not going to help your case. Similarly, social posts about drug and alcohol use could persuade a court or judge that you or the opposing party is not fit to be the primary custodian of your child. In the most serious cases, social media posts chronicling drug or alcohol abuse may spark a child welfare investigation.
There have also been instances in active family court cases where parties vent on social sites about the judge or court staff. This could easily violate court orders and you could be held in contempt of court. There are numerous ways social media could be used against you during any court matter. The best advice is to avoid all social media posting until after your court matters are settled.
10 Social Media Behaviors to Avoid in an Active Family Court Case
Avoid posting or commenting negative statements or complaints about your spouse or children.
Never create a dating profile that states you are single before a divorce is finalized or child custody battle is settled.
Do not indicate or reference alcohol or drug use or a party lifestyle, especially when child custody is at issue.
Avoid posting provocative pictures of yourself to social media or dating websites.
Never talk about or vent about an active court case or a decision made in court.
If you have a boyfriend/girlfriend, leave them out of the picture until court matters are settled.
Do not share private information about your spouse or children.
Avoid posting pictures of luxury purchases if child or spousal support, or division of assets, is at issue.
Never disclose any information that was communicated to you in a confidential setting.
Do not post about your weekend plans when you were supposed to be with your children.
Child Custody Attorney in New York
In New York, the Court traditionally weigh various factors during a child custody case, such as:
· Parental fitness
· Cooperation
· Child development
· Child(ren)’s preferences
Don’t let a simple “Like” on Facebook, “Double-tap” on Instagram, or “Swipe Right” on Tinder lose your child custody case.
If you have questions about how social media might impact your family court case, contact The Kepanis Law Firm today to schedule a consultation.