Social Media Concerns in Child Custody Legal Matters

The Perils of Social Media in Child Custody Cases

In 2018, it was estimated that 77 percent of the American public had a presence on one form of social media or another. The scope of such usage ensures that there will be at least some of those individuals involved in child custody hearings. For those who fit into both categories, the wisest course of action from any child custody lawyer would be to stay off social media completely or limit posting during the period in which your case is being decided.

Being Careless Can Be Costly

When social media was introduced, the world got a little smaller because of the ease of communication. However, what was being communicated varied greatly among users. While some people used a lot of discretion, others posted frequent updates based on whims. Such a cavalier approach to presenting yourself to the outside world can have a devastating impact when it concerns a child custody dispute. Since social media posts can be easily accessible to the public, those who determine custody matters can be presented with clear evidence that can have negative consequences.

Personal Presentation Concerns

Far too many social media images that you might post can become lethal weapons when it comes to child custody challenges. The following can end up having serious ramifications:

  • Use of alcohol: Photos of you drinking any form of alcohol can easily be taken out of context by opposing counsel in order to bolster a case. In addition, posting about being intoxicated the night before can be something that’s seen as denoting a lack of responsibility on your part.
  • Use of illegal drugs: While there can be some leeway when it comes to drinking alcohol, using social media to either discuss or offer photo or video evidence of drug use can result in you being deemed unfit for custody. Other illegal acts, such as drunk driving, should also never be attempted, much less discussed online.

The Dangers of Raw Emotion

Custody cases can often be unpleasant, which can lead to a boiling over of your emotions on social media platforms. That will only make the job of your child custody lawyer harder because they’ll have a much more serious problem on their hands if you lash out online. For example, it’s always a mistake to aim an angry post at the other parent, a family member on either side or any legal professional connected to the case. These become major problems because you could be deemed to have anger management issues, which is something that grabs the attention of custody judges in a negative way.

Not Moving On Quietly

Looking to the future by beginning a new relationship following a breakup is commonplace. Yet sharing that joy with the outside world can bring about consequences that may affect your custody case. If your new partner happens to be on social media as well, that opens up his or her online life to opposing counsel. Everything they post will be dissected and assessed in regard to how it may affect your children. Every flaw or ill-advised post will be magnified in order to deliver maximum damage to your case. Even being nonchalant about dating can have consequences. For example, joining a dating service and not mentioning that you have children may improve your chances of attracting a new partner. However, that omission can also end up undercutting your argument for wanting custody in the first place.

A Trusted Source for Legal Help

Attempting to navigate through such serious concerns by yourself is never a strategy you want to pursue. That’s why contacting the Law Offices of Kelly Berton Rocco is a wise decision. Our practice is exclusively devoted to family law, which means that the child custody lawyer you’ll be working with will be well-versed on how to serve your best interests. We’ll combine an aggressive approach with a sensitivity to your particular circumstances. To take advantage of more than three decades worth of legal experience, just contact our office in Hackensack by phone at (201) 343-0078 or by email at

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