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Social Media And How It Can Affect Your Child Custody Case


For many people posting on social media, sharing daily updates, challenges and celebrations, and life changes by posting pictures or status updates has become the norm. Nevertheless, being conscientious of what you put on social media is imperative if you are going through a child custody case.

Your social media presence will most likely be heavily scrutinized during a child custody case. If you have questionable posts, pictures, or activities, it could impact the outcome of your case.

It is essential to exercise discretion on social media which can help to keep your children safe and protected from litigation between you and your spouse. Below we will review some tips for using social media and how it can affect your child custody case.

Top Tips For Social Media Use During Your Child Custody Case

Many things can influence the outcome of your child custody case in Alabama. Being mindful of what you and others post about you on social media during your child custody case is a solid legal strategy to ensure the best outcome for you and your children.

#1. Stop Using Social Media

Quitting cold turkey may sound a little drastic; however, it is the ideal time to stop using social media for a while. Avoiding social media can eliminate possible serious repercussions, including how it affects the relationship between you and your children, the relationship between your child and both parents, the parent’s relationship, and the outcome of your case. Alabama custody cases are taken seriously, and it is vital to ensure you take them seriously as well.

#2. Avoid Deleting Old Posts

Periodic social media purges may be a good idea; however, if you’re involved in a pending child custody case, check with your divorce attorney before deleting anything. Many states have rules about deleting information that can’t be viewed as evidence or that is relevant to custody litigation. If you delete something that is considered evidence during a pending child custody case or lawsuit, it could have severe consequences, including fines or other properties.

#3. Keep Your Child’s Custody Case Issues Private

If you are going through an Alabama divorce, avoid posting or discussing your child custody issues online or with friends and family. Most judges look down upon those who publicize their child custody cases in a public manner, and it may also come with personal repercussions.

#4. Less Is More

For those who can’t stay off social media, you need to limit your online presence and ensure your profile is private. The other parent’s attorneys can use anything you post on social media in litigation. Even if the post appears harmless when taken out of context, it can damage your case.

#5. Posting Online Is Permanent

Once you have posted something online, it is best to assume there is a permanent record. It’s crucial to avoid posting anything you don’t want the judge to see or the other parent’s Alabama divorce attorney to be able to use against you and your child custody case.

#6. Avoid Bad Mouthing The Other Parent

Always avoid bad-mouthing the other parent, whether indirectly or directly, in person or online. This includes song lyrics, memes, cryptic quotes, and harmless jokes. In a child custody case, the child’s best interest is always the key concern.

The judge will consider any evidence to help determine whether both parents are willing to foster a positive relationship between the child and the parent. Besides that, in the big picture, this behavior is also detrimental to your child’s relationship with both parents.

#7. Make An Agreement About Social Media 

Talk with the other parent about posting pictures of your children, activities with the children, and issues in your family unit. It’s best to try and reach an agreement to try and avoid complicating child custody proceedings at an emotionally challenging time.

#8. Avoid Incriminating Yourself

Child custody cases are mentally, emotionally, and financially stressful. It is not uncommon for allegations of substance abuse to be used as a litigation tactic. Avoid posting pictures of yourself drinking alcohol, partying, or in the presence of drugs and other controlled substances, which could significantly influence your child custody case.

Another example would be if you were to show that you were dating during your divorce and went out to dinner with a new friend when you were supposed to spend time with your children; it won’t look good to the judge.

#9. Practice Financial Modesty

If you are going out for expensive meals, on extravagant vacations, or spending money on lavish gifts, it is best to avoid posting about it on your social media accounts. Finances always play a significant role in child custody cases, so ensure that your financial accounts are in order and your child support payments are current before posting pictures and posts that reflect spending on luxury items and experiences.

#10. Birds Of A Feather Flock Together

Being mindful of who you spend time with in person and online is crucial, especially when involved in a child custody case. Remember that everyone can see your comments on posts and those by shared friends, so consider keeping your settings private or deleting followers and acquaintances you don’t want to be associated with to avoid being guilty by association. A judge may view social media activity when considering whether or not you are a fit parent and determining what is in the child’s best interest.

Get Experience Legal Help During Your Divorce

At Brackin Law Firm, we understand how challenging a divorce can be and are here to help when you need it the most. Our firm has over 40 years of experience providing comprehensive legal representation and focuses on resolving conflicts peacefully through negotiation or mediation. Even so, should you find yourself in court, we will fight to get you the results you deserve.

Contact us today for exceptional legal representation in Baldwin County that you can trust.

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