If you are going through a divorce, especially one that involves child custody, it is often wise to stay off social media. At a minimum, you need to remember that social media activity can be used as evidence in the case. Anything you post could potentially be relevant, so it is often safest not to post at all.
Of course, there is no law that prohibits you from using social media during a divorce. However, you should understand how this type of evidence could influence the case, particularly if a judge must rule on custody arrangements.
One potential example
For example, suppose you are disputing how often you should have custody, and you argue that you want to be involved in every aspect of your child’s life. At some point, your spouse asked you to watch the children, and you said you were unavailable due to work obligations. During the custody case, however, your spouse presents social media photos showing that you were actually at a party with friends.
Nothing about this behavior is illegal. Still, it could be used to shape the court’s perception of your relationship with your child. Your spouse may argue that you are irresponsible, not fully committed to parenting or more interested in social activities than being present for your children.
This does not automatically mean you will lose custody rights, but it could make the court more likely to grant your spouse primary custody if the judge believes that outcome is in the child’s best interests.
Avoiding social media
Rather than trying to carefully manage everything you post to present yourself in the best possible light, it is often better to stay off social media entirely until the divorce is finalized. As you go through a child custody case, you should also understand all of your legal options and your rights as a parent.