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
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.