The Role of Social Media in Family Law Cases

Social media and technology have become a big part of everyone’s daily lives. While social media platforms, such as Facebook, Instagram, X, and TikTok, are good ways to share what is going on with your life, what activities you are involved in, and keep in touch with your friends and family, they are also used by attorneys to find evidence about you during a family law case.

How does social media play a role in Charlotte family law cases?

Social media plays a role in family law cases in various ways. For example, one simple post of your drinks at a bar, a check-in at a club, or a photo of a new partner can be used as evidence to show that you are not fit for custody or visitation. These posts may seem like small and innocent life updates, but they can actually have a huge impact on your child custody, child support, or even alimony.

Sometimes, attorneys can even use social media to find work trip check-ins or vacation photos with friends to show that your job or friends come before your children. While this may be inaccurate, you have to be very careful about what you post on social media as anything can be twisted and turned to fit a certain narrative. This includes photos, videos, reels, check-ins, comments, tags, postings, and more.

What are the dos and don’ts of social media?

Even though it is usually recommended to completely stay off social media or delete your accounts while going through a family law case, some people may feel like this is not a possibility for them. If you are a person who is unwilling to refrain from posting on social media or does not want to delete your accounts, there are several dos and don’ts that you should take into consideration during your family law case.

Dos:

• Always think really hard before you post something: Although you may be used to quickly writing and submitting all types of posts, you should now take the time to think really hard before you post anything. This means that before you hit the post button, you need to consider how this specific post could affect the outcome of your family law case. If you are unsure if it is inappropriate or something that could be construed in a certain way, it is recommended to refrain from posting it.
• Ask your attorney if you are unsure about doing something on social media: Whenever you are in doubt, you can call or meet with your attorney to ask them about posting something on social media. Your attorney is experienced and knowledgeable when it comes to family law cases. Therefore, they know what may or may not impact your case.
• Use your privacy settings to protect your accounts: When going through a family law case, it is crucial that you look at your privacy settings and update them to protect your accounts from being easily visible to people who are not on your friend’s list. You may even need to unfriend certain people, especially if you feel like you cannot trust them during this time.
• Post positive and beneficial interactions with your children: You can use social media to post photos of you with your children. This may be used as evidence that you do spend time with your kids, and they enjoy the activities you do with them. For example, if you take your child on a vacation, you can document this trip and post photos of it. However, if you do this, make sure you do not mention your ex-spouse in the comments as this is not a time to talk negatively about them.

Don’ts:

• Do not vent or bash your ex-spouse on social media: Never vent or bash your ex-spouse on social media. You may think that social media is a great place to write out your frustrations with your ex-spouse, but this is actually a very bad idea that could jeopardize your legal case. Your posts could be used as evidence to show that you are an easily angered person, and even if you decide to delete the posts after you write them, someone may have already seen and saved them to use against you.
• Do not share private information about your or your ex-spouse’s life: You should never post any private information about yours or your ex-spouse’s life. This includes bills, bank accounts, credit cards, tax information, pay stubs, and more. If your ex-spouse’s attorney sees this information, it will likely be used against you, which can severely affect your case.
• Do not post photos of alcohol or drugs: It is crucial that you do not ever post photos of alcohol or drugs. If you are currently in a child custody battle, these photos could be used to demonstrate that you cannot be trusted alone with your children.
• Do not post photos or check in to lavish or luxurious places: Whether you are battling with your ex over child support or simply going through the divorce process, posting photos or checking in to lavish or luxurious places may look like you have a lot of money. Therefore, regardless of if you were gifted a nice vacation or you saved up for months to take your friends to an expensive restaurant, you should never post photos or check in to these places online.

You must be aware of your behavior and actions when navigating a family law case. At Epperson Law Group, we help our clients become aware of how their social media use can affect their cases. If you are navigating the challenges of a family law case and have questions or concerns about your social media accounts, please call our office or submit our contact form to talk to our family law attorneys today. We have office locations in Charlotte, Weddington, Concord, and Boone for your convenience.