Social Media and Custody Cases – How Using Social Media Can Affect the Outcome

Today social media is a very prevalent piece of society and culture.  It has continued to change and effect the way in which people interact with one other and how information is shared.  There are often times a lot of questionable behaviors that are shared through social media.


With so many people sharing secrets, oversharing information about their day to life and activities, and outing their affairs online there is no question as to how and why social media posts are being used as evidence in the court room.  These types of posts are not only being used in divorce cases but also in child custody battles.


Divorce is not uncommon as it once was, in fact about half of all first time marriages ends in divorce according to the CDC.  Another trend that is being noted by the American Academy of Matrimonial Lawyers is that about 80% of all divorce situations are using social media evidence during divorce proceedings.


When people feel heated or angry, it can be very tempting to write about it online but this type of poor behavior can reflect poorly on the individual.  However, these types of actions should be avoided as it can end up hurting a divorce, alimony, or even a child custody case.


Social Media Use During a Divorce


Online behavior should be changed when you are going through a divorce.  No one should be ranting and talking about divorce proceedings online.  Talking about questionable parenting habits, recreational activities, or anything that could be viewed negatively should be avoided at all costs.


When you think that you are going to be going through a divorce, it is important to wise up about how you are using any and all online platforms.


Mistakes People Often Make Online
With the world being so involved online, it can be quite difficult to not end up posting information that can be looked at in the wrong way when you are in court.  One of the biggest mistakes that people make is that they do not think about how they are posting things online.  If you are trying to reduce your child support or alimony payments, then it is probably not wise to post pictures of yourself with big purchases, on vacation, or even renting luxury items.  This can be perceived as you trying to avoid the responsibility that you have to your ex and your children.


If you are with your children or if you have decided to not take your children when you are supposed to, then it is not a good idea to post pictures of yourself out at the bar or partying.  If you are doing these things, then it is likely that you will end up being looked at as someone who views partying or going out and having a good time as more important than your child.


Finally, you should avoid making posts about new relationships.  If you are dating someone before you are separated or divorced, then it is a good idea to avoid posting about this until after your divorce and custody battle are finalized.


Problems That Parents Have Had with Custody Because of Social Media Posts


There are a wide range of problems or issues that parents might have with custody because of social media posts.  There are many things that can be used against someone.


Joining a popular dating site before your divorce is finished is not a good idea.  If you do decide to join, make sure that you are honest about having children.   If you are fighting for custody and fail to mention that you are a parent on a dating profile, then it is going to look as though finding a date is more important than the fact that you have a child.


Another thing that can be used against you is words that could be perceived as angry.  Stating online that you would like to fight or beat someone up is probably not a good idea if your ex is claiming that you have anger management issues.


If you are online when you are supposed to be with your children, remember that all of your actions can be tracked.  This means that you could end up with someone claiming that you are not really interested in caring for or paying attention to your children.


Being involved in illegal activities, drinking or even smoking pot (even if it is legal where you live) are all things that can be looked at as negative in a court.  The court can view your online pictures and can make judgements on your actions based upon that.


Claiming in court to be struggling financially and asking your ex for money is quite common.  Be careful what you post online though as your online presence can cause you to look as though you have more money than you do.  If you are claiming that you can’t afford things but are online and stating that you have extra money or are vacationing or traveling, then it might appear as though you do not need additional money from your ex.


Finally, if you are claiming that you cannot afford to take care of your children financially then your online statuses should prove that.  You will not want to have pictures of yourself with luxury items, on vacation, or expressing that you have made investments or sold property.  Doing any of these can make it appear that you have more money than you really do.


When it comes to trying to create the right type of memories online, remember to look at all angles of what you are sharing.  Think about whether or not posts can be taken in the wrong way and if they could potentially come back to hurt you.

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