Social Media Evidence in Family Law Cases

Social media has become integrated into our everyday lives. Some things you post can be admissible evidence in your family law case. Social media evidence must still follow the rules of evidence set by your state. For more information on when and how social media evidence is an issue in a child custody court case, talk to a local family law attorney.

How Can You Use Social Media Posts as Evidence in Family Law Cases?

Social media posts can be admissible as evidence in family law cases. Some family law cases are highly contested. Evidence on social media can paint a negative picture of you as a parent. This can include child custody cases, divorce proceedings, or domestic violence. Cases involving CPS may also use social media.

Generally, you can screenshot the social media posts you want your attorney to see. This is easy if you follow the person in question or are friends on your social media accounts. If you save a post, you can swear under oath that the post was what you saw and what you took a picture of at the time.

Things get a bit more complicated if you don’t follow each other or have access to their accounts. They may have their privacy settings set to restrict what information is available. Talk to your attorney about ways to use someone’s social media account in a family law dispute.

What Kind of Information Can Be Used As Evidence?

The information you might use depends on the kind of legal proceedings. Some of the types of social media accounts may include:

• Facebook
• Twitter/X
• TikTok
• YouTube
• Snapchat
• Instagram
• LinkedIn

Social Media Activity and Child Custody Court Cases

Some child custody cases are hotly contested legal matters. Be cautious about how, when, and where you share information about your life if you’re in a custody battle. Emotions run high, and parents often try to find dirt on one another to gain an advantage.

For example, your co-parent has made allegations that you have substance abuse issues. While out with your friends, your friend posts pictures from the celebration. In those photos, you appear to be drinking a lot of alcohol. Your co-parent may try to use that photo in the court case to show you have a drinking problem.

Another example is sharing information on any social media platform you use. If you post by venting about something your co-parent did, they may try to use this in court. It could show how you interact as co-parents. Communication is vital in child custody cases. A family court judge could take these posts as information about how you treat each other. It would be more meaningful if your child could see these posts.

Another area related to child custody is child support. It’s not uncommon for one parent to fail to mention a job change. You may learn about it when they update their social media profile with a new job or get a raise. This information can help you if you try to modify a support order to get more support.

Social Media Posts and Divorce Proceedings

Divorce cases may also use social media posts. If your partner posts something about getting a big bonus, it could be relevant when determining spousal support or alimony. Posts could also show that one spouse is taking a lot of vacations or bragging about buying expensive items. Your divorce attorney might be able to show that your soon-to-be ex-spouse is dissipating marital assets. It could also make you aware of an asset you did not know existed.

Social Media Posts and Other Family Law Matters

Social media posts can also be relevant in domestic violence cases. You might post pictures of your injuries after your partner hit you. Your partner may also share intimate photos online without your consent.

Be careful when posting pictures, especially what those pictures may show in a CPS case. An innocent photo of your child playing in the living room might show your house has safety concerns.

Getting Legal Advice in Family Law Cases

Social networking can be positive. However, regarding family law disputes, be careful with your online presence. Always think before you post. You may want to stay off social media until after your family law dispute. If you have questions about how social media posts might be used against you in a family law dispute, contact a family lawyer in your area.