Facebook's Growing Role in Family Law Disputes

November 16, 2010

An old adage says that a picture is worth a thousand words. In the age of social media sites like Facebook, MySpace and Twitter, pictures can be worth much more than that. If you are involved in a family-related legal dispute like a divorce or child custody battle, pictures can change your life. They can make the difference between victory and defeat, between a generous property settlement and a pittance, between having sole custody of your children and only getting to visit with them once a week.

Social media has given attorneys around the country an unexpected windfall of evidentiary material in every imaginable kind of case. These sites can be particularly useful in a family law context, with an estimated 20 percent of all cases involving some sort of evidence obtained from a social networking site.

Numerous cases have come to light where social website evidence -- particularly photographic evidence -- has been weighed by a judge to make crucial custody or visitation decisions. A common scenario is where two parents disagree on the amount of time each gets to spend with their children. As part of the process, one parent may search social media sites like Facebook, looking for any potentially disparaging information. Pictures of the other parent in a compromising position or at a wild party -- even one that happened years earlier -- could be presented as evidence that the child's best interests would best be served by limiting contact with that "unfit" parent.

Simple steps can be taken to limit the amount of potentially unsavory information available about you on social networking sites, especially if you are currently involved in or foresee a family-related dispute. For example:
- Take advantage of the site's privacy settings -- limit the number of people who have access to information about you
- Talk to people you have "friended" on the site -- ask them not to post any pictures of you for the time being
- Be careful about what you say -- avoid even the implication that you are "attacking" the child's other parent by attacking his or her character or parenting style
- Be wary of unexpected friend requests, particularly if you know the person is acquainted with your child's other parent -- it could very well be a trap, trying to lure you into inadvertently divulging potentially harmful information

Regardless of whether you are the party seeking custody or you are fighting to keep your children, statements or photos on social media sites could possibly be used against you. If you are involved in or anticipate a custody or visitation dispute, contact an experienced family law attorney in your area to learn more about your legal rights and options.

Article provided by Breeden Law
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