Today, most people use social media on a daily basis. In the US alone, 79% of people used social media regularly in 2019. As a result, courts are increasingly factoring social media into cases.
In child custody cases, social media now plays an active role. Today, we're exploring how courts handle social media in the courtroom as a form of evidence and the steps you can take with your social media accounts to pursue a better outcome in your child custody dispute.
How Does Social Media Work as Evidence?
The other party in a child custody case can use social media as evidence against your capabilities as a parent, ultimately impacting the outcome of your child custody case. Similarly, you may use evidence to either attack the other party or support your position.
For example, if you have photos of yourself partying on your Facebook page, your child(ren)'s other parent may use that as evidence that your personality has a wild side or might imply that you'd rather party than look after the children.
Should I Delete Posts from My Social Media?
That's a question for your lawyer, but generally, the answer is probably "no." If the other party or their legal counsel has already taken screenshots of the posts you delete, it will just appear as though you're trying to cover up evidence.
Instead, it's generally better to give the court the context behind any posts or photos they're attempting to use against you in your child custody case.
You should consult your lawyer before making any rash decisions regarding your social media presence during your divorce.
Should I Use Social Media During My Divorce or Paternity Case?
Generally, the answer to that question is "no." The less you use social media, the less potential ammunition you're giving the other party to use against you in the court case.
If you have some things you regret in your social media history, you can also use your absence from social media to support any claims that you've changed for the better as a person and a parent.
At Smith Law Offices, LLC, we'll represent your parental rights and the best interests of your child(ren) during your child custody case.
To schedule a consultation with our team, contact us online or via phone at (636) 400-1177.