What Role Might Social Media Play in my Family Court Case?

On Behalf of | Oct 30, 2015 | Divorce |

Social media is a big part of life for many of us. We keep up with friends and family by posting lots of personal information in very public places, sometimes without a second thought. If you’re going through a divorce or custody battle, however, the things you post may come back to haunt you if they’re presented by your ex as evidence in court. Below are some tips for how to approach social media during your family law dispute.

  • Think like your former spouse or co-parent’s attorney about the information you share on social media. A post about a vacation or purchase of an expensive new car could serve as evidence of you having a lot more cash on hand than previously disclosed. Photos from a drunken night on the town could show that you may not be as sedate and reliable a parent as you’ve painted yourself to be. Before you post anything to social media, ask yourself, “Would I want the judge to see this? Would I want my ex’s lawyer to see this?” If not, do not post it.
  • If your accounts are not already private, make them that way. Do not add new friends or followers whose name you do not recognize; private investigators are not stopped from pretending to be someone else in order to access posts only your friends can see. However, remember that this doesn’t mean you can post whatever you want. People you may think of as friends, or even people you forgot you’d added as friends, may end up siding with your former spouse in a divorce or custody battle, and they can share information or photos they saw on your social media accounts with your ex.
  • Never post about the divorce or custody fight itself. While you may be frustrated, angry, or hurt about how the case is going, venting about these frustrations in a public place is never a good idea. The judge could very well read this behavior as showing an absence of control over your temper – not a great quality in a custodial parent.

These tips go beyond Facebook and Twitter and apply to any type of social media, including apps such as Instagram, Snapchat and Periscope. Even if an app says the media you upload or share is not permanent, there are ways for the other party to collect and preserve such posts.

If you are in search of dedicated and experienced Kentucky family law attorney, contact the Florence law offices of Greta Hoffman & Associates, at 859-535-0264.

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