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Is Social Media Affecting Your Family Law Case?

Social media content has slowly made its way to the family courtroom. Contents posted on any platform including Facebook and Instagram can now be used as evidence. Digital evidence has become a reliable way for families to support their case.

Child Custody

Social media can be used to determine child custody orders as it can be used to prove the children's living arrangements with both parents. If your social media activity is always busy, it may mean less time allocated with your children. If the contents you post on any platform are violent or irresponsible, the court may deny you the right to parent the children. This is because the court seeks to protect the child’s best interests, and safety always comes first. It is advised not to engage in any abusive behavior on social media.

Spousal and child maintenance

In the event of a divorce, a party may be required by law to pay some payments to their spouse for their maintenance. In case the couple has children, it is the responsibility of the parents to provide for the needs of the children through child support. Social media can affect both of these decisions from the court.

Social media activities like holidays, expensive purchases, hosting parties, or luxurious assets like cars can be used as evidence when determining the amount of financial support required. Platforms like LinkedIn may also disclose some extra source of income, and this means that the maintenance fee you pay to your spouse or child could increase.

What to Avoid

You should avoid writing negative things about your ex or even discussing the divorce or child custody case at all on social media. However, be mindful of making seemingly innocent posts; you never know if they could be used against you. For example, you might not think twice about being photographed at a social gathering with a drink, but if the other parent sees this, they might try to introduce it into your custody case as evidence of your unfitness as a parent.

If you believe that social media evidence is relevant and important to your case, contact DeTommaso Law Group online or call us today at (908) 274-3028 to discuss how to move forward in a secure manner. ­­­

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