By: Elizabeth J. Fineman, Esquire
Social media use has become pervasive in modern culture. More and more people regularly engage in social media activities across several platforms, including Facebook, LinkedIn, Twitter, SnapChat, Instagram and Google+. Unfortunately, many people post to various social media sites without giving sufficient consideration to the possible consequences. For those who are going through a divorce, engaged in a custody dispute or paying or receiving support, it is essential that you evaluate your social media habits and apply a higher level of discretion to your social media communications.
Family Law cases are often tumultuous and there are a lot of emotions involved. It is not uncommon for some to use social media as an outlet to vent their frustrations, conflicts, or interpersonal issues. That is never a good idea. Any time you post something to social media, you should ask yourself, "How would a court view this post?" If this is not something that you would want raised at a future hearing, do not post. For many, this kind of self-editing or “filtering” is difficult. My strong advice to them is to take a break from social media, and develop some “rules” for posting before resuming social media activities. A few good guidelines are; never post when you are angry or upset, give yourself a cool down period, don’t engage in a public debate or correction of others on the internet, stop and take a moment to think and re-read before posting. It’s important to remember, once you tweet, share or post, you have effectively put something out on the web that you can’t really take back.
For parents, if the other parent objects to the children's photographs being posted to social media sites, you should respect their wishes. There are other ways to share photographs with family and friends other than social media which are much more secure.
It is important to understand that information posted on many of these sites can be obtained, even after posts are deleted. Therefore, posting and later deleting may not be sufficient. There have been too many instances where social media postings have negatively impacted results in domestic relations matters. In custody, some people post photos and "check in" places during their periods of physical custody, making it clear the children are regularly left with a babysitter. If seeking additional custodial time, this is never a good idea. Some people involved in support litigation post information that makes it clear that their income is higher than they have disclosed. These can all have a detrimental impact their results in court.
I hope the take away here is clear; you must use extreme discretion when utilizing social media when divorce, child custody and support are at issue.