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Social media is a massive part of people’s lives today. Little wonder it is making its way to family courtrooms as a source of evidence in child custody cases. Any content you post on social media platforms, including Instagram and Facebook, could be used for or against you in almost all types of family law litigation cases.
Understanding how to take advantage of social media in your custody case can make your life easier and facilitate a better relationship with your family. A Fresno family law firm can guide you on the implications of social media on your case. If you’re active on social media and have a child custody battle, don’t face the other party alone.
What Should I Know About Social Media Posts In Determining Custody?
Your social media posts could impact the outcome of your child custody case. For example, one parent who posts negative content about the other parent on social media may experience adverse consequences.
While each divorce and custody case is different, here are some examples of how social media can affect the outcome of your case in Fresno:
Custody Determination
The court will use your social media posts to determine the parent to receive custody and visitation time. The content in your posts can help prove if one parent is not doing what they should do and, therefore, is not a dependable parent.
Child Support
After your divorce, one parent may be the one to pay child support. Evidence from social media can help the court determine the amount of child support payable. Social media evidence may prove otherwise if your spouse claims not to have the means to pay support. Photos and posts on vacations and parties can provide the required proof.
Contested Divorce Proceedings
Child custody discussions don’t have to be aggressive or contentious, but your online activities can make it hard to achieve this objective. If one spouse speaks negatively about the other on social media, it can lead to retaliation in divorce, jeopardizing the outcome.
How Can I Avoid Jeopardizing My Custody Case Because of My Social Media Posts?
The best approach would be to avoid posting anything on social media, including images, comments, or other information, until your custody matters are resolved. Remember that the other parent’s legal representation will review your social media accounts. Your child custody attorneys in Fresno should advise you on the following:
Don’t Post Anything Illegal
You might think sharing information about your illegal whereabouts is harmless, but it could work against you. Remember, your ex-spouse is doing their best to prove you don’t deserve to get custody of the children. Posting illegal stuff could only help them prove that they’re right.
For example, sharing a picture of you doing drugs, even if it’s not real, can be used against you. A responsible parent doesn’t engage in any behavior that would put their children at risk.
Don’t Post About Your Love Life
You’ve probably found a new love and want to flaunt it on social media, but that could work against you. Your ex-spouse could argue in court that you’re already dating someone else before getting a divorce, and so you can’t be trusted with child custody. Wait until you finalize all divorce issues to move, make it public, or post it on social media.
Avoid furnishing your ex-spouse with personal details concerning your relationship with another love interest. It could lead to a long-term relationship, even if it’s just a friendship for emotional support. Your focus should be on the child custody issue at hand.
Don’t Post Anything Negative
Anything negative you post on social media can harm your child’s custody case. Try to stay as calm as possible and carefully, wisely, and cautiously manage your social media accounts. Examples of negative social media posts include:
- Any signs of promiscuity or infidelity
- Late nights and excessive drinking
- Accusations against your ex-spouse
It’s advisable to stay off social media until your case is over.
Don’t Delete Your Social Media Accounts
If you delete your social media accounts when your custody case is still ongoing, the court could suspect that you’re hiding something. Since this information was available to the public or people within your circles, a simple screenshot could provide all the crucial evidence even if you deleted the post. Fresno child custody attorneys can create a strong defense for you.
If you need to delete any social media posts, first talk to your litigation law firm in Fresno. You may not know the evidence your spouse has already collected, and the courts may look unfavorably on deleted social media posts.
How Do My Social Media Posts Reflect on My Parenting Capabilities?
Think of how your social media posts could reflect on your capabilities as a parent. Posts about how you can’t wait to get away from your children for a day may not shine the best light on your parenting capacity or caregiver.
You also want to ensure none of your posts depict potentially dangerous activities in your living space. The court wants assurance that your home is a safe environment for your children, so you should ensure your social media posts reflect that.
Can My Children’s Social Media Accounts Affect My Custody Case?
If your children have social media accounts, it will help to monitor them regularly. Your divorce period is emotionally draining for them, and as their parent, you should be aware of what they post on social media and say to their friends.
The children may need more support to make it through this challenging time. They may seek emotional help in many ways, but their innocent actions could put the outcome of your case at risk. What they post online also puts them at risk of becoming a victim of online predators in search of vulnerable children.
Family Oriented Law Attorney Protecting Your Best Interests
Social media posts can be used as evidence in your child custody case. California laws allow the discovery of social media content that your ex-spouse can use against you to deny you custody and visitation rights. The skills, dedication, and experience of child custody attorneys in Fresno couldn’t be more critical in a child custody case.
At our law firm, we understand the prevalence of social media and how its many uses are incredibly positive. However, they can also negatively impact your child custody case. Be careful how you use the platforms. If you have any questions, don’t hesitate to contact our Fresno child custody attorney for a FREE case evaluation.