Social Media and Family Court

When parents are in a legal battle which involves children or significant property, I often think of the criminal warning, “Anything you say, can and will be used against you.”  Every email, text, voicemail, or recorded conversation becomes a weapon in the war that is waged over children and property.  If the court case is adversarial, more and more, the parties seem to adopt an attitude of anything goes as long as they “win.” Unfortunately, when children are involved, the children are often the losers in the battle as their best interests are trampled in the parents’ battle to win.

At Prescott Tax & Paralegal, we've seen the use of text and email messages as courtroom evidence for some time. Recently, we’ve seen an increase in the use of social media websites as evidence in court proceedings.  One party will gain access to the other party’s Facebook or other such page.  This is not as difficult as it seems. That party then prints off any damaging portions and submits them as evidence against the other party.

While you can control privacy settings to some extent, you must assume what is posted in social media is available publicly.  The half-naked baby photos which were posted for grandma now come under the court’s scrutiny.  The birthday party photos with all the friends pretending to drink out of 2-liter vodka bottles become “evidence” of alcoholism.  The frustrated post about child-rearing which was intended for your best friend shows “evidence” that the parent cannot be trusted with the child.

One attorney I knew always told his clients to remember that every time they texted or emailed the other party, or posted on social media, they should assume they were writing for the court.

If you or someone you know is involved in a court dispute, please understand that unlike Las Vegas, what is posted in social media, doesn’t stay in social media. It could end up in front of judge and be used as evidence to decide legal decision making and parenting time for your children, or how community property should be divided.