The Impact of Social Media on Child Custody Cases

If you ask your friends, family, or coworkers how often they use social media, most will likely say at least a few hours a week. Social media has become a widely used tool to keep in touch, update, and even meet new people. While social media platforms such as Facebook, Instagram, and TikTok have many benefits, they can cause complications in certain situations, including child custody cases.

If you are in a child custody battle with your child’s other parent, you should limit your social media use. Your activity on these platforms could help the judge decide whether you are a fit parent and should have custody or visitation rights regarding your child.

Ways that social media can impact your Knoxville child custody case

There are many different ways that social media can impact your child custody case. We will go over a few of the most common ones below.

• It can be used as evidence: First and foremost, anything on your social media accounts can be accessed by your ex or their attorney. This means that every post you make can be used as evidence to support a legal argument as long as it is relevant to the case. Therefore, if you post photos of you enjoying a vacation with your new partner while your child is sick in the hospital, these photos could be used as evidence to show that your priorities as a parent are out of line.
• It can show what type of person or parent you are: Even if you have a completely different persona online, your social media accounts can be used to show what type of person or parent you are. For example, if you post videos or status updates that sound angry or aggressive or continuously make threats to people as a joke, these posts could be used to show that you are a violent and provoking person, raising questions about your child’s safety in your care.
• It can cause more conflict in your case: Social media can also cause more disagreements, stress, arguments, and tension. This is because when you post something online, others often misunderstand or misinterpret what you are trying to say. In addition, if you post anything about your child’s other parent or your child custody case, they may see it and become angry toward you, which could cause them to be unwilling to compromise or work with you. This often leads to people only thinking about their feelings instead of the child’s best interests, which can play a big role in these cases.

What types of social media posts can be used against me?

As a parent going through a child custody battle, any and every type of social media post can be used against you. Here are a few examples of social media posts that may be used against you:

• A photo of you and your friends out drinking alcoholic beverages
• A check-in at the bar or nightclub at 2:00 a.m.
• A post explaining how horrible of a parent you think your ex is and how you wish they never existed
• A video of your luxurious vacation
• A photo of an expensive purchase or item
• An anniversary post with your new partner
• A comment on someone’s post about how your child is with their grandparents (your parents) during your parenting time
• A video another person tagged you in that shows you threatening your neighbors or otherwise engaging in aggressive behavior

If you are a parent going through a challenging custody battle, it is highly recommended that you take a break from social media until the case is over. If this is not possible, you should be cautious about what you post. The general rule is to take a few minutes to think about your post and whether it could cause issues with your child custody case before allowing it to go on the internet. If you are unsure, contact a Knoxville child custody lawyer immediately.

What are the consequences of posting on social media during a child custody case?

Even if you think that your social media posts are completely harmless, they can become a significant part of your child custody case. Some of the consequences of posting on social media during a child custody case include:

• Less visitation or custody: After the judge reviews your social media posts and information, they could decide that it is not in the child’s best interests to visit or live with you. If the other parent can prove that you are unfit or that the child would be unsafe in your care, there is a strong possibility that you could receive less visitation or custody.
• Inability to agree or negotiate: If you post anything to make your ex angry or upset, they will become angry and annoyed with you, which can cause them to be more hesitant to agree or negotiate. With more tension and disagreements, child custody cases take longer, cost more, and may not have the best outcome.
• Mentally affecting the child: If your child sees or hears about your social media posts, it could mentally affect them. They may learn about the types of activities you are engaged in or the posts you made about their other parent, causing them to become stressed, confused, and overwhelmed. In a custody case, insulting the other parent to the child can be seen as parental alienation, and courts will hold this against you when making decisions.
• Legal troubles: Your social media accounts can sometimes get you into legal trouble. Therefore, if any of your posts indicate that you are involved in or have done anything illegal, you could face legal consequences, which could also impact your custody case.

Are you in the middle of a long and complicated child custody battle? If so, it is important for you to understand how your social media presence can affect your entire case. The Knoxville family law attorneys at LaFevor & Slaughter are here to guide you through the legal process and answer any questions or concerns you have regarding your social media accounts. We have helped many clients with these types of cases. When you work with us, you will have an experienced legal team who knows the obstacles and challenges of child custody cases and how to overcome them and move forward in the right direction. Call our office or submit our contact form to schedule an appointment today about your child custody case.