In a world where social media is king, it’s essential to know how your posts can impact your life – including your child custody case. While you may not think twice about what you share on Facebook or Instagram, courts can and do often review social media posts as part of custody cases. If you’re in a custody battle, it’s important to be mindful of what you post online.

Don’t share your divorce or custody frustrations online

Anything you post online, from pictures and captions to comments on other people’s posts, can be used as evidence to support an argument or prove that something is true. Be aware that this applies to not just your pages but all of your activity on social media. Even posts that aren’t explicitly about a custody dispute can be interpreted differently.

Avoid posting anything online that could be seen as negative or critical of your ex-spouse or children. The court may view posts with extreme negativity as signs of unstable behavior and make decisions accordingly, so it is better to refrain from digital venting during this process.

In addition to refraining from posting negative stories or remarks that your ex-spouse can use against you, make sure to craft your posts in a positive and upbeat light that reflects well on your character both online and in court. Be mindful of what others might post about you on social media — if there is something negative, you can request that it be taken down. There are two ways to go about doing this. 

  • If your friends or family post something that could reflect poorly on you (for example, posting a Facebook memory from your wilder college years), reach out to them directly and ask them to remove it. Explain that you are going through a custody battle and that even though you know they meant no harm, such posts could be used against you.
  • If someone maliciously posts negative images or comments about you, however, you may need to report their post directly to the social media network to have it removed.

What types of social media posts could be detrimental to my child custody case?

Posts that depict questionable behavior, substance abuse, derogatory language, or situations that may raise concerns about your parenting may be detrimental to your child custody case.

How can social media posts be used as evidence in a custody case?

Opposing parties or their attorneys can use screenshots or printouts of your social media posts to demonstrate your actions, behaviors, or lifestyle, and argue how it may affect your ability to provide a stable environment for your child.

Can posts made by my friends or family affect my custody case?

Yes, posts made by friends or family members that tag or mention you could potentially be used as evidence in your custody case, even if you didn’t make the posts yourself.

Can I discuss my child custody case on social media for support?

It’s best to refrain from discussing your child custody case on social media, as any comments or posts could be used against you and may not accurately represent the full context of your situation.

Are private posts safe from being used against me in court?

Private posts may still be discovered and used as evidence if they are shared with others who are involved in your child custody case. Remember, there is really no such thing is “100% private” online.

It is imperative to be aware of what you post on social media during a divorce or child custody battle. It’s also a good idea to stay on top of what others might say about you on their accounts and request that any negative posts be removed.

Social media is a public arena, and your posts are accessible to anyone, so try to maintain a positive attitude and only post content that reflects positively on you. By managing your social media presence carefully, you can make sure it never harms your case.