Social Media and Child Custody
If you are battling your former spouse for child custody, what either one of you have posted on social media could prove decisive. Increasingly, social media posts are being used as evidence against one parent in the divorce. Child custody is always about the best interests of the child, and inappropriate posts might affect the judge’s determination regarding which parent deserves primary custody.
Bad Behavior Revealed
What a person’s attorney may tell a judge about his or her character is often upended by what the individual has posted on social media. It is one thing to claim that a person drinks only in moderation. It is another when the person constantly posts comments about alcohol or drug use online. Such posts can make a convincing argument that the parent has a substance abuse problem and should not receive primary custody.
The deterioration of a relationship and the eventual divorce are difficult situations to get through emotionally. That does not mean it is acceptable to rant against a spouse online, or to reveal very personal information about your spouse or family. Certainly, any threats made against a spouse online will come back to haunt the poster in divorce proceedings and child custody decisions. A threat of violence against the spouse is especially damaging. That is an issue that could end up in criminal court.
Sometimes, social media posts reveal practical matters in child custody cases. In a recent New York case, a father used his ex-wife’s social media posts to prove he was more involved with the daily care of their young son. The wife’s posts were not embarrassing per se, but they did show she was frequently out of state or out of the country while the child was with the husband. A parent may use such posts not to show their former spouse is a bad parent, but to make his or her case that he or she deserve to become the primary caregiver because he or she is are a more constant presence in their child’s life.
Social Media and Children
It is a given that parents should oversee their children’s use of social media. However, some parents tend to share all sort of pictures and information about their children online, even though the other parent may object. Such posts and their frequency may factor into a custody decision.
Social Media While Divorcing
While parents going through a divorce do not have to give up social media, they must post in a responsible manner. Basically, do not post anything relating to your divorce or custody issues. Before posting anything, consider whether that post could have any sort of repercussions, even unintended. Avoid sharing photos of your children, even if they are extremely innocuous. You do not want to create a situation that your former spouse objects to and may fight about in court.
Somerville Child Custody Lawyers at Lyons & Associates, P.C. Advise Divorcing Parents About Social Media and Child Custody
If you are going through a divorce and have concerns about social media and child custody, contact a Somerville child custody lawyer at Lyons & Associates, P.C. today. Call 908-575-9777 or contact us online. From our Somerville and Morristown, New Jersey offices, we serve clients in the surrounding areas of Somerset, Woodbridge, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, and Morris Plains.