Can My Social Media Posts Affect My Child Custody?

When you’re gearing up for or are in the midst of a child custody case, putting your best foot forward in showing your commitment to your child’s wellbeing is your best course of action. Your child’s other parent is looking for anything that can be used to show your ability to engage in a health parent-child relationship is compromised. The more technology becomes an integral part of our lives, the more this will involve perusing comments on social media for evidence of emotionally toxic behavior or inappropriate parenting.

Additionally, it may not just be you who the opposing party is assessing when it comes to your parenting time or custody. Temporary orders often include language that restrains not just you, but anyone who is around your child, from making derogatory comments about the other parent. In short, the actions of others can have a detrimental effect on your child custody case.

The safest policy to follow when it comes to social media is to keep anything negative or questionable from being posted by:

• You
• Friends
• Family

Friends or family who make inappropriate posts on social media about your custody case, including unfavorable comments about your child’s other parent or extended family may land them on the witness stand in a trial.

Why you should avoid posting on social media during a child custody matter

Even vague comments may end up being questioned and can come back to haunt you and undercut your visitation, or result in a shift that can cause you to lose custody. Potentially damaging your relationship with your children is simply not worth the brief moment of satisfaction you might feel.

Social media posts that have a propensity for causing damage to your case include:

• Posts that violate any temporary orders such as failing to foster a healthy parent-child relationship with the other parent.
• Photos of significant others with your children, particularly if you are under court order not to expose your children to romantic partners.
• Photos or posts of anything you know the other parent will take issue with morally, ethically, or for safety purposes. For example, taking your 10 year old child bungee jumping as a bonding experience may not be an activity his or her other parent will approve of, and may have clearly stated this to you in the past. Posting a photo that you did it anyway shows a disregard for him or her as a parent.
• Posts showing your children being cared for by someone else while they are supposed to be in your care at the time. There is an enormous difference between a prearranged understanding that you may have to work or fulfill other obligations during a visitation period so your children may require temporary child care versus leaving your children with a friend or family member so you can go out to a bar with friends for the night during your weekend visitation.
• Watching movies that are not age-appropriate and may contain adult scenes or cause your children nightmares.
• Complaining about the condition your children are in when you pick them up or they are dropped off to you. Maybe clothing is dirty, your child has not bathed, homework has been neglected, or they have not received necessary medication.
• Posting the details of any alleged altercations you have had with your child’s other parent.

Even if you post something in the heat of the moment and delete it shortly after, it takes one screenshot to preserve your outburst. If you have concerns about these types of issues, tell your attorney rather than taking the fight to Facebook or Twitter. Your attorney is there to catalog all of this evidence and to strategize when and how to leverage the information to help you win the best outcome.

Child custody cases are difficult to handle on an emotional level. Keeping yourself together while you feel as though someone is trying to rip your children from you can push any reasonable parent over the edge. At Epperson Law Group, PLLC our understanding child custody attorneys know the trials and tribulations you may experience and work hard to put you into a position of being able to maintain your relationship with your children. Schedule your consultation with one of our dedicated family law attorneys in our Charlotte, Boone or Weddington office by calling 704-321-0031, or by reaching out to us through our contact page to tell us your story.