Yes, Social Media Posts Can Impact Custody Hearings

09 Feb Yes, Social Media Posts Can Impact Custody Hearings

Social Media has a way of affecting every aspect of your life. Aside from the connection and mental health aspects, we have seen it affect whether people get or remain in jobs, get admitted to universities, obtain an income, etc. So, while all of these things can be negatively impacted, it’s important to remember that child custody can be affected by it, too.

Regardless of whether it’s an Instagram story, Snapchat, Facebook message, etc., things you share on social media are permanent. This means that at any point during custody proceedings, they can be used against you. If you are venting on your story or in a post – regardless if the account is private (screenshots and screen recordings still exist)– then what you say can be taken out of context or received in a way that is damaging to your character.

Here are a few examples of what you should avoid sharing when entering a custody case:

1.         Late Nights and Excessive Drinking

Think about it this way – if you and your spouse are already separated and have young children, who is watching them while you are out late? Are they with you or home alone? These can bring up concerns about your child’s safety and negatively affect how your character is portrayed.

2.         Signs of Infidelity

Although we can’t directly say that infidelity will automatically lead to sole custody, it still highlights negative character. This means that any Snapchats, WhatsApp/Facebook Messages, Instagram DM’s, etc., showing signs of infidelity should be avoided. And if they have already been sent but have been deleted – they can still be found. Remember, social media platforms have user information stored permanently, so, in theory, anything can be recovered. 

3.         Deleting Anything

If you are in the middle of a custody case, you cannot delete anything that could be used as evidence. This means that all social media profiles, emails, messages, etc. have to remain live and accessible to both parties.

The bottom line is – think before you post. We’re not telling you to stop sharing your thoughts on social media, after all, freedom of speech still applies, but understand that what you say can have significant consequences.

If you have questions about your child custody case or what can be used against during the proceedings, contact the NB Family Law attorneys by calling 940.566.0606 or visiting nbfamilylaw.com to schedule a consultation.