Social media can be an excellent way for you to share your thoughts, opinions and insights. Your posts allow other people to keep up with the latest developments in your life. What you share online may seem harmless and personal, but in truth, many things you post on the internet can serve as evidence that questions your judgment, priorities or willingness to keep your child’s best interests in mind.
Courts in California can use the patterns of your social media posts, images and public comments to determine your parenting ability. To do this, they examine the health, safety and welfare of the child, your ability to co-parent, signs or histories of substance abuse and the stability of the child’s environment. It is important to be aware of how your social media posts have the potential to affect your custody case.
Posting incriminating photographs or videos
Sharing media of you consuming copious amounts of alcohol, surrounded by drug paraphernalia or being in dangerous environments can be risky. If there are patterns of this behavior, courts might use your posts as evidence against you. This is doubly true if your child is present in these photographs and videos.
Using location check-ins unwisely
Posts on social media might show your whereabouts. This can be a problem if you unwittingly reveal location check–ins that contradict your parenting schedule. Courts may also use this as evidence against you during custody cases, especially if it shows you out late or being away from home when you should be with your child.
Making harsh comments about the custody case
While many people use social media to air out grievances, it can be dangerous to make rude or sarcastic remarks about the case, court orders or judges publicly – especially if they reveal noncompliance with custody orders. California courts may view this as an indicator of poor judgment and a lack of respect for the process.
Making hostile or sarcastic posts about the other parent
Writing angry, sarcastic or otherwise hostile posts or comments about the other parent might suggest an unwillingness to co-parent. In California, courts may use these posts as evidence against you, potentially costing you primary custody or changes in the parenting plan.
Sharing posts that reveal new partners with roles in your child’s life
Though it is common for parents to pursue new romantic partners after a divorce, it has the potential to be harmful for a child’s development if it happens too quickly. It might also affect your case if your new partner has a criminal, drug or abuse history. Courts typically examine these situations on a case-by-case basis, determining whether or not introducing a new partner becoming a major part of the child’s life can raise stability concerns.
How to use social media responsibly during a custody case
During custody cases, courts closely examine your conduct around your child, as well as how effective you are at encouraging stability and growth. They accomplish this by monitoring your child’s health, safety and welfare. Your social media posts can give people deeper insight into the life you live and your attitudes towards parenting. This can determine whether or not judges deem you fit as a parent.
To use social media responsibly, assume that every post, photo or comment can appear against the judge, who may use it as evidence against you. Try to avoid sharing details about your child, your schedule or the other parent and refrain from making posts that might give the court the wrong impression.
Sharing custody over your child can be stressful, but it is important to mind your conduct. In custody cases, what you do online can matter just as much as what you do offline. One of the best ways to maintain custody is to commit to your child and prioritize their health, growth and safety.
