Can using facebook negatively effect my divorce or custody case?

High Net-Worth DivorcesIt is amazing how often social media plays a role in family law matters.  Most recently there has been a surge of use of evidence from social media sites in divorce and custody matters.  Obviously the best way to protect oneself from social media affecting a family law case is not to post at all or refuse to be caught in the hype of social media.  But in today’s reality that is unrealistic.

If you feel the need to use any type of social media, use caution as to what is posted.  It is always a good idea to minimize or eliminate any posts  about legal matters, an ex-spouse or even minor children.  If you must post on these topics, ensure that your privacy settings are secure before such discussion about divorce or custody matters.  A public profile can result in disaster especially when a party does not know when to keep quiet about legal matters.

However, even when someone believes their profile is secure, his/her belief may be misplaced.   Knowing who your friends and contacts are is of the utmost importance.  I have come across a number of cases where “Facebook friends” permit an opposing party access to a Facebook page allowing them to gather evidence to assist in their case.  The best way to prevent this is by making sure your “friends” are just that, and if you are unsure, limit individuals access to your account.

Parties should also be cautious about the access that you provide minor children to your account.  A child will often provide the other parent access to a Facebook account, or be exposed to inappropriate information on a Facebook page which can further affect custody orders.

Whatever you do, don’t get caught in a trap by using social media.  Make sure you don’t bolster the case of your ex-spouse by providing ammunition through Facebook or Twitter.

Contact our Scottsdale family law attorney at The Law Office of Hope E. Fruchtman to schedule a consultation.