Denver Divorce Lawyer News & Blog

How Can Social Media Hurt My Custody Case?




Social media has become a part of everyday life in the United States. Some people go as far as listing the intimate details of their lives; where they are, who they’re with, and especially pictures. In many cases, this has come back to hurt individuals with a court case. Your child custody case can be seriously impacted if there is evidence of behavior that would not be considered to be in the best interest of a child.


Criminal Behavior

We’ve discussed when social media posts can be considered criminal behavior. Making threats, especially on social media, is never a good idea. Even if a post is just a way to vent frustration, it can still be taken as a true threat. If you go this route, you won’t be fighting for custody time, you’ll be fighting to stay out of prison. Remember, posts can be viewed long after you delete them, some indefinitely.


Best Interest of Children

The court will always be looking out for the best interest of children. That means if your lifestyle is not in the best interest of your child, the court will not be likely to place children in your care. Your tweets, Facebook posts, Instagram pictures, etc. can be used to show your lifestyle (or the one you advertise via social media). This can be good and bad; if you have pictures of yourself drinking a bottle of wine and holding your child, the court will probably not look at you favorably.


Pictures, video, and posts can be used as evidence! This is something a lot of people forget ”“ social media companies will work with law enforcement and courts to provide user data and history. So finding personal information that used to require a private investigator, is no longer difficult to locate. Now it can be as easy as looking at a Facebook page.


When it comes to child custody, social media can be a double edged sword. It can be great to share your life with friends and connect with others; but remember that information becomes public. If you rush to share every detail of your life online, it may come back to haunt you.