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.

Parenting Rights for Unmarried Parents

The most popular month for weddings, June, has passed, and the honeymoons are over.  For those who choose to skip the formal ceremony, did you know that Arizona does not recognize "common law" marriage?  In some states, if a couple has been living together and presenting themselves as a married couple, they are treated as a legally married couple. In Arizona, this is not true.

To be legally married in Arizona, a couple must 1) purchase a marriage license, 2) an authorized person must perform the wedding ceremony, and 3) the signed marriage license must be returned to the court clerk for recording. If a couple does not complete each step, then they are not legally married under Arizona law. Once exception to these requirements are Native American couples who marry according to tribal custom. Still, establishing the validity of such marriages may require court intervention.

When an unmarried couple with children separates, fathers are often surprised to learn that if there is a dispute over parenting time, or decision making, the father may have few rights regarding his children without court involvement.  Even though the father may be on the birth certificate, paternity and parenting rights usually must be established through the court.

To establish which parent will make decisions for the children, and how the children will spend time with each parent, the parents will need to establish paternity through the court and file a parenting plan. If the parents agree, then matters proceed simply. If parents disagree, the court will usually send the parents to mediation to determine how decisions for the children will be made and establish a plan to share the children.  The court mediators work with the parents to create a plan that will be best for the children. This agreed upon plan is signed by the parents and sent to the judge for approval.

If parents cannot agree, then the court will set a settlement conference or trial and the parents will have to explain their position to the court. The court may  make the decisions, if the parents still cannot agree. However, if the judge feels that one parent is being unreasonable, the judge may penalize the unreasonable parent.

A petition to establish paternity, legal decision making, and parenting time has another other important factor: child support.  A child support order will be entered based upon the parents incomes, who is paying for insurance and child care, and how much time each parent spends with the children. The Arizona Courts offer a free child support calculator online.

The above information is specific to Arizona only.

Have a question? Feel free to contact us at (928) 778-3113, through our contact us form, via email, or visit us at www.PrescottTax.com.