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Many people think social media is immune from being used as evidence. However, social media posts are more prevalent than ever in child custody litigation these days.
While you do have the right under the First Amendment to freedom of speech to post what you please on social media, what you say there can be used as evidence. For example, your posts could reveal your viewpoint or attitude on issues relevant to custody or how you’re interacting with or reacting to the other parent. In other words, if you post something incriminating on social media, the other party is free to use it.
Even a post about your hobbies or interests can be misinterpreted or used against you. For example, suppose you post photos of you hunting deer with a rifle. Your ex can cite your possession of guns as a cause for concern in a custody case. You could end up losing your gun rights based on a post like that.
Suppose an incident occurred that could have an impact on your child custody case. If a family friend heard about it from someone else and vented about it in a social media post, that would not constitute direct evidence.
Instead, it’s hearsay because your friend didn’t observe the incident directly. They simply heard about it. While that post might be used to show intent or purpose, it can’t be used as direct evidence.
However, suppose you tell family or friends about your custody case, and there’s a court order not to discuss the case or post about it. If your family member or friend posts about it on social media, that puts you in a position where you violated the court’s order.
Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped countless clients like you navigate the intricacies of family law. With years of experience, she is prepared to represent you in your custody dispute and ensure that oversharing on your social media doesn't jeopardize your case.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
Yes, private messages are frequently sought in discovery by requesting any text communications, mainly between the parties. If you have text communications between you and a third party, instead the hearsay rules will apply.
However, because there’s a hearsay exception for the immediate parties, communications between the parties are fair game and are discoverable. If the other party does not provide them, you can subpoena them from the wireless service carrier.
It’s more difficult to get them from the carrier because the carrier has various obligations and restrictions on what it can disclose about its customers’ information.
When you are in a custody case, it’s best not to post on social media. If you do, you need to restrict your posts to subjects that are entirely unrelated to the case. That’s because anything you post can be used against you. The other party can go back years and use posts they find to argue their case.
It’s also crucial in a custody battle to refrain from discussing your case at all on social media. If you do, you’re subjecting your case to the court of public opinion.
Don’t post details of your case where you can’t control the narrative. Someone might say something outlandish or share additional information that you don’t want disclosed. That’s why the best practice is generally not to post at all.
On the other hand, some people are able to create a convincing narrative on social media of involvement with their child by posting photos of outings or gatherings. Those types of posts can be useful.
For more information on social media’s effect on your custody dispute in Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 200-6439 today.
Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped countless clients like you navigate the intricacies of family law. With years of experience, she is prepared to represent you in your custody dispute and ensure that oversharing on your social media doesn't jeopardize your case.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
