Digital Divorce

Digital Divorce

A Guide for Social Media & Digital Communications in Divorce

Social Media & Custody

How social media can affect children and custody

Facebook, Instagram, and other social media sites are regularly used by parents to share photographs and information about their children. Parents involved in divorce or custody cases should be extremely careful about what information they share publicly about their children.

How social media can hurt you in a child custody case

What you share on social media could cause conflict with the other parent and give them cause to use it against you in your case. You may have different ideas, for instance, about what types of activities are appropriate for the children or which people their children should spend time with on a regular basis.

You should assume that the other party might be able to see any information that you post on social media sites about you or about your children and act accordingly.

Can I use information I learn on social media in my favor?

If your spouse or ex-spouse reveals information on social media that you find troubling in regards to your children and your custody arrangement, speak with your attorney about what actions you have available to you. Even if the other parent did not break the law or violate your custody agreement, you may be able to use the information to seek a modification of your existing parenting plan.

Can my child’s social media accounts be used as evidence?

Many children have social media accounts of their own. Posts that a child makes on his or her Facebook, Instagram, or Twitter profiles, for instance, may also be relevant to a court proceeding.

Consider what your children might see on social media

Be aware that your children may be able to review what posts you have made on social media sites about the other parent and about your own lifestyle.

It is important to keep children out of the middle of conflict during a contested custody case. If you or your online contacts are posting negative information about the other parent, your children could be exposed to these negative comments. You should assume that online communications on social media sites may be seen by your children now or in the future.

Most parents take care to introduce a new romantic partner to their children at an appropriate time and in an appropriate manner. Assume that if you are posting photos and other information about a new romantic partner on social media sites that your children may be able to access and review that information. Take precautions on what information you share about dating and your new relationships until you are ready to discuss these issues with and share information with your children.

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