When you’re divorcing or going through a child custody battle, you might want to rethink posting up those photos of your most recent out-of-country vacation to social media. In fact, you may want to put your social media accounts on hold — especially if you don’t want the content to be considered in your court battle.
A judge in Westchester County, New York, recently ruled that a woman’s Facebook profile will be allowed in court during her custody battle with her child’s father. The woman’s lawyer tried unsuccessfully to argue that her profile on Facebook is private and that she — not her husband — is who takes the most care of their 4-year-old son.
However, the man’s attorney wanted to show that the woman was often out-of-state. The judge ruled that this type of information was important to the custody case. The child’s father believes the ruling will benefit his side of the case.
Another family law attorney said that Facebook can be a treasure trove of data. Once the technology is understood, he expects social media to be treated just like any other evidence — as long as it is reliable.
This is the first ruling of its kind in New York. There was a similar ruling in Minnesota, which allows social media information to be used sparingly.
If you are involved in a custody case, you want to do whatever you can to ensure you end up with the custody plan you want. By learning more about this type of case from an experienced New York family law attorney, you may improve your chances of getting a favorable ruling for you and your children.
Source: New York Post, “Facebook profile is fair game in custody battle: judge,” Julia Marsh, Aug. 25, 2015