Think Before You Post: Social Media Mistakes That Can Impact Custody Decisions and Divorce Proceedings

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Social media has become an integral part of everyday life, with many individuals routinely sharing photos, videos, opinions, travel updates, and personal milestones online. However, for those involved in divorce, child custody, child support, or other family law proceedings, online activity may carry significant legal consequences. Social media content can become relevant evidence in court, where posts, comments, photographs, videos, location tags, and even private messages may be reviewed in connection with issues such as credibility, parenting
decisions, financial claims, or compliance with court orders.

What may seem like a harmless post intended for friends and family can take on an entirely different meaning when viewed in the context of litigation.

In New York family law matters, courts focus heavily on issues such as a child’s best interests, parental judgment, and the credibility of the parties involved. As a result, social media posts depicting excessive spending, risky behavior, criticism of a co-parent, violations of custody
arrangements, or activities that appear inconsistent with statements made during legal proceedings may become relevant to a case. For example, photographs or videos that raise questions about an individual’s judgment, such as images showing alcohol consumption behind the wheel of a vehicle or firearm use while an order of protection is in effect, may draw additional scrutiny during legal proceedings.

Family law attorneys often encourage individuals involved in active or anticipated legal disputes to carefully consider how their online activity could be perceived before sharing content online.

“What may seem like a harmless post today could become evidence tomorrow,” said Nancy Nissen, Partner at Tully Rinckey PLLC. “Being cautious about what you share online can help prevent unnecessary complications during a divorce or child custody case.”

Visit www.tullylegal.com to learn more.

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