The High Stakes of Social Media Use in Divorce and Child Custody Battles: A Cautionary Guide
With over 20 years of experience in family law, I have seen firsthand the monumental impact of social media on divorce and child custody cases. This blog post aims to shed light on the importance of social media discretion during these emotionally charged proceedings. I've never seen anyone win a case because of what they posted on social media, but I've seen plenty lose due to something they posted. Here's why.
Risks Involved: Public and Private Posts
Social media platforms such as Facebook, Twitter, Instagram, LinkedIn, and others can feature information about you that could be relevant to your case. Statements published, location data, evidence of spending and lifestyle, and your relationship to relevant parties can all be scrutinized during the proceedings. Even the data that these platforms compile about you, such as your account history, logins, private messages, and friend requests, could be examined.
It is also important to understand that both public and private posts can potentially be used against you in court. Evidence from social media can be used against you so long as it’s obtained through legal means. So if anyone else sees your “private” posts and shares them with your opponent, they can be used against you.
Further, deleting or editing social media content can lead to sanctions for destroying potentially relevant evidence. Expect that any prior content, as well as all future content, can and will be scrutinized.
Finally, privacy settings on these platforms can be misleading, and the other party may be able to access this information through discovery, subpoena, or other means. Furthermore, as stated above, one party may still gain access to the other party's accounts through mutual friends or even fake profile.
The Impact of Third-Party Content
While controlling one's own posts is crucial, it's equally important to remember that third-party content can also impact your case. Photos, comments, or other content posted by friends or family could potentially hurt your case. A seemingly innocent photo of you enjoying a drink, or a photo that includes you and a new significant other, can be used as evidence against you.
Case-Relevant Consequences
The repercussions of reckless social media use during a family law case can be severe. For instance, photographs of luxury goods or travel could influence decisions on support, alimony, and asset distribution. Your location data, communication with a third party, or dating app activity could provide evidence related to infidelity, separation, or cohabitation. Moreover, content that shows you partaking in risky behaviors, disparaging the other parent, or being in places you're not supposed to be during custodial time could all play a significant role in custody decisions.
Sharing case-related information online could also lead to the loss or diminishment of attorney-client privilege. If you publish details about your case or share any relevant legal documents on social media, you risk losing the protection of attorney-client privilege, and that information may become accessible to the opposing party.
Civil and Criminal Implications
Social media use can also lead to civil or criminal issues. Accessing and disseminating private information without consent could lead to a civil claim for invasion of privacy or wiretapping, depending on your jurisdiction. Such actions may also violate criminal statutes, rendering the information inadmissible in your case, while exposing you to potential legal penalties. Furthermore, social media posts that disparage the other party could form the basis of criminal harassment or stalking complaints.
Unrealistic Expectations and Misinformation
Lastly, discussing your family law case on social media can generate unrealistic expectations and misinformation about your case. Comments from third parties might not be entirely truthful, often lack relevant context, and may refer to laws or practices from other jurisdictions that differ from yours. This can lead to disappointment and even impede the resolution of your case.
Best Practices
The potential pitfalls of social media use during a family law case can seem overwhelming, but adopting best practices can mitigate some of the risks:
Be aware of what you post or cease using social platforms altogether during your divorce or custody action.
Change your passwords for all social media accounts.
Unlink your accounts from all your devices.
Instruct family, friends, and other third parties to limit what they post and comment on your page or about you.
In conclusion, social media can play a critical role in family law cases. It's crucial to be mindful of your online presence and act wisely. Always consult with your attorney before making any decisions regarding social media use during these proceedings. Remember, a single post can have far-reaching consequences.
