Child Custody and Facebook: What Every Divorcing Parent Needs to Know

Let’s face it, we live in a world where social media reigns supreme. Sharing the most intimate details of our lives online seems almost second nature. However, it can have serious consequences if you’re in the middle of a divorce and custody battle. While it may be tempting to vent about your current situation to your friends and family online, doing so can create more harm than good, especially since most things that are said online can be taken dramatically out of context and used against you. 

For parents who are pursuing a divorce, the topic of child custody is often the most contentious. This is because parenting time is important for both parties. When both parties are in a dispute over child custody, the courts will look at the best interests of the child. As such, most courts will consider:

• The fitness of both parents
• Each parents’ employment responsibilities
• The stability of the home environment
• The parent’s ability to care for the child
• The interaction and relationship between the child and his or her parents and siblings (if applicable)
• The potential for any harm or abuse 
• The child’s preference of who they want to live with (if they are 12 years old and older)

How Can Facebook Destroy My Child Custody Case?

Pictures can say a thousand words, but not all of the words may be the truth. Emotions run high during a divorce. Couples are angry at one another and at the situation. If one spouse tries to argue that the other is an alcoholic in an effort to tilt the child custody case, Facebook photos of you with a drink in your hand may be used as evidence to support these claims. However, in reality, perhaps it was your only drink of the night and you took an Uber home. Maybe you were photographed at an event where other people were drinking but you were the designated driver; sometimes pictures can paint a negative image when there really isn’t one. 

Photos aren’t the only way a child custody case can be affected. As we said earlier, couples experience a variety of emotions during the divorce process which may lead them to make comments online that can be taken out of context. What you think is an innocent comment or rant could be misconstrued by a third party you share as mutual friends on Facebook. It’s not uncommon for videos, comments and messages to be taken out of context and painted as threats or deprecating comments. While social media apps like Facebook may claim that you can keep your information private, there is no such thing when it comes to the internet. Everything you say and do can come back to haunt you. 

Protecting Your Child Custody Case

If you’re dealing with a child custody case, it’s important to remain focused on what matters most: your relationship with your children. Here are some tips to protect your child custody case from the pitfalls of social media:

• Think Before You Post: Avoid posting anything that could be misinterpreted or used against you in court.
• Tighten Privacy Settings: Ensure your privacy settings are as strict as possible, but remember that nothing is truly private on the internet.
• Avoid Discussing the Case Online: Do not vent or discuss any aspect of your divorce or custody case on social media.
• Monitor Your Online Presence: Be aware of what others are posting about you and how you are tagged in photos and comments.

Your family law attorney will be able to answer any questions you have and help create a schedule that is not only in your child’s best interests but in the best interests of your relationship. 

Contact a Hazlet Family Law Attorney for a Consultation About Your Child Custody Case in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Rudnick, Addonizio, Pappa & Casazza, PC represent clients throughout the state, including Old Bridge, Piscataway, New Brunswick, and Perth Amboy. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (732) 264-4400 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at Park Village, 25 Village Court Highway, #35, Hazlet, NJ 07730, as well as offices located in East Brunswick.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.