David G. Moore P.C.
Phoenix Criminal Defense And Family Law Firm
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Social media, the double edged sword in your custody battle

Appearances can be deceiving, but sometimes what you see is what you get on social media. Your online presence is a double edged sword, particularly sharp when it comes to seeking custody of your children.

What is published on social media sites, in particular Facebook, is public information, and it can be used against you during a divorce or custody proceeding. But, it might also be used for you.

If your custody dispute gets heated, you may not be the one to make the important and delicate decision regarding your children's future. Courts look for evidence to prove what is in the best interest for the child to decide:

  • Who makes the decisions for your kids with regard to school, religion, medical care and other issues
  • Where the children will live
  • Who the children will spend holidays, summer vacations and weekends with

This evidence can be taken from your text records, your Facebook profile, your LinkedIn, and even dating sites. Divorce and custody lawyers use social media evidence in the court room every day.

Your online rant about your soon to be ex, might feel edifying in the moment, but it can be read out loud in the court room, and you may feel the aftershock on your custody battle.

You might be the best dad on earth, but you might not look like that if you lose your cool online. Additionally, if you say one thing in court and something else on Facebook, your profile can be used as proof.

On the other hand, your long history of social media usage might actually be the character witness that you need. It could show that you are indeed a stable, steady presence in your child's life.

It might also be used to prove that your ex is not for any number of reasons. For example, if they claim one thing in court and show something else online. Or if they post pictures of themselves out at a bar when they are supposed to be taking care of your child. 

If you or your loved one is thinking about seeking custody of their child, you know hard it is, emotionally, on everyone. Every situation is different. You may want to consult a family law attorney about your particular situation and receive advise on your particular legal issue.

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