blog home Child Custody Which Social Media Posts Will Hurt Your Custody Case?

Which Social Media Posts Will Hurt Your Custody Case?

Posted by Mattis Law, A.P.C. on February 20, 2022 in Child Custody

Your social media posts could impact the outcome of a child custody case. A parent who posts negative content about the other parent on social media may experience consequences that could be avoided. Your best approach is to avoid posting anything on social media, whether images, comments, or any other data until the custody matter is resolved. You can expect that your social media accounts will be reviewed by the other parent’s legal representation.

What Not to Post During a Child Custody Case

The types of content that could damage your case include negative posts about the other parent and their families. Older children can access your social media accounts and these posts can be damaging to your custody case. If you want to continue to use your social media accounts, post positive, benign images or statements only.

Ask your friends not to tag you in their social media accounts, as images of a fun night out on the town could be used against you in court. Remove your relationship status and update your accounts to the highest privacy settings. Avoid looking at your former partner’s social media posts or seeking information about what they are up to from friends. It is better to allow your child custody lawyer to gather information for your case. In a complex child custody case, a full investigation of the other parent’s social media accounts can be fruitful.

Types of Posts that can Harm Your Case

If you post content that involves alcohol or drug use, this information can be used against you, no matter how minor your use of drugs or alcohol is. You may habitually post images of your food, the table, and your friends, but if these are frequent, it could affect your child custody case, particularly if the other parent alleges you are an unfit parent due to alcohol or drug use, even if untrue.

Monitor Your Children’s Social Media Accounts

If your children have their own social media accounts, monitor them regularly. Your children are living through a time of emotional upheaval, and as a parent, you need to be aware of what they are saying to their friends and contacts online. Your child may need more support to make it through this challenging time, and you, as a parent, need to be aware that a child who is feeling emotionally unstable is more likely to seek outside help. This could increase the risk of becoming a victim of online predators searching for vulnerable children.

How Your Family Law Attorney Can Help.

The skills, experience, and dedication of your family lawyer could not be more critical when it comes to a child custody case. Your attorney can provide the guidance you need regarding every aspect of the child custody case, including the issues of social media, and the need to exercise restraint on these platforms.

Social media posts can be used as evidence in a child custody case. California law allows for discovery of the information on social media. A “private” Facebook profile is not considered “privileged information,” and can be requested as evidence, and could pose a real problem – images of your vacation, hanging out with friends, or any other images or posts may be innocent, but could be twisted to make you appear less capable of caring for your children.

Contact Mattis Law, A.P.C. at (858) 328-4400 for assistance from a top-tier law firm serving the San Diego area.

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Posted in: Child Custody

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