The risks associated with using social media during custody cases.
Divorce Attorney in Daytona Beach, FL – Carol Lee Peake - Daytona Family Lawyer – Port Orange, New Smyrna, Flagler, Ormond Beach, Deland, Palm Coast
An increasing number of people are now turning to social media platforms such as Facebook and Instagram to share their problems, and they often express their frustration towards the other parent through text messages or emails. Unfortunately, such statements and posts are often used against them in custody cases.
It's natural for individuals experiencing frustration and pain to want to express themselves. Oftentimes, I am presented with extensive evidence in the form of screenshots and posts that indicate the opposing parent is manipulative or defamatory toward my client. This is particularly concerning when the children can access the parent's social media content. Unfortunately, many times, I am unable to use the communications my client provides me because of my client’s response to those communications. They frequently attempt to defend themselves to their ex or friends on social media, but to a judge, who assumes both parents are equally entitled to raise their children, it reflects negatively on both parties.
Certainly, there are many factors that come into play when determining child custody. However, online activity and communication between the parents can significantly impact three specific factors: the willingness of each parent to facilitate a relationship between the child and the other parent, the level of conflict between the parents, and the ability of the parents to work together in meeting the child's needs.
In the majority of cases, parents who are willing and able to participate in their children's lives will likely be granted that chance. However, if one parent appears to be excessively controlling or openly critical of the other parent, the court may question their ability to promote a healthy relationship between the children and the other parent. Moreover, if the court determines that one parent is unnecessarily intensifying the conflict, leading to more legal proceedings, they may be ordered to pay the other parent's attorney's fees.
In general, children tend to fare better when both parents are actively involved in their lives in a positive manner. However, if one parent demonstrates a lack of trustworthiness, it becomes more difficult for them to be awarded joint physical custody. Therefore, it's important to be mindful of how electronic communications are used.
The following are some general guidelines to keep in mind when using electronic communications such as texts, emails, or social media posts:
1. Always assume that what you write will be seen by a judge. This is important to remember even if you are currently getting along with the other parent. Anything you post can be used as evidence against you later on.
2. Avoid sending messages or posts when you are angry. Your words can be taken out of context, and the court may view your anger as a sign of not understanding your children's needs or being difficult.
3. Do not respond in kind. It's common for one parent to send a nasty message, and the other parent responds in an attempt to settle the score. However, these types of responses often backfire, and arrogance is not rewarded in court.
4. If you must respond, keep it short and to the point. Experts recommend a maximum of four sentences with no more than 20 words per sentence. It's also a good idea to wait before sending the response to gain some perspective and calm down. Waiting an hour or two, or even overnight, can be helpful.
As an attorney, I am delighted when the opposing parent shares negative posts about my client on social media. Such posts can serve as compelling evidence to demonstrate that the other parent is problematic. However, as a litigator, it saddens me when my client retaliates in the same manner, thereby rendering the potential exhibit worthless. I am obliged to present the complete exchange to the court and cannot selectively pick and choose statements. Thus, if my client responds similarly to the original post, it becomes unusable as evidence.
If you tend to share details of your personal life online, be mindful of what you post. Keep in mind that there's no guarantee of privacy when it comes to social media. Additionally, the First Amendment may protect your right to express yourself, but it won't shield you from the consequences of your words. Once something is out there, you can't always control how it's perceived or used. As a general rule, if you feel compelled to write something, keep it brief and positive. This can help prevent further complications down the line.
If you or the other parent are facing difficulties and tend to rely on social media, please don't hesitate to contact us at the Law Office of Carol Lee Peake by dialing 386-868-4039. Our team can gather all the necessary information and offer you personalized guidance based on your specific situation.
If you are in need of a Divorce or Family Law Attorney, call the Law Office of Carol Lee Peake at (386) 868-4039 for a consultation.
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