Social media can provide a window into the private lives of parents embroiled in a custody dispute. It can show inconsistencies in statements made during litigation or reveal behaviors or lifestyles contrary to the best interests of a child. Images or posts of irresponsible, abusive or neglectful behavior during parenting time or of a parent engaging in drug use can certainly speak to a parent’s suitability for custody of a child.
Today courts increasingly accept digital content as evidence in child custody cases. Images or posts shared on social media platforms such as Facebook, Instagram and X are often fair game in a divorce case and can certainly influence a child custody determination. It is advisable to consider the consequences before posting.
That said, a parent’s right to privacy must be considered. When evaluating digital evidence, a court must weigh various factors such as whether a post or image reveals an isolated incident of poor judgement or points to a pattern of behavior contrary to the child’s best interests. They must also consider to what extent concerning behavior portrayed in a post or image impacts a child and to what extent. A court must give weight to each piece of digital evidence to decide what is ultimately in the child’s best interests when making a custody determination.
If you are anticipating contested custody of your child, know that it is not uncommon for an ex-spouse to use posts or images to negatively influence the outcome of a child custody case or other aspects of the divorce. A good rule of thumb is to manage your digital footprint carefully before, during, and after the divorce to avoid misrepresentations of your character or behavior.
When considering divorce, and you are concerned that your social media activity may be used against you in an Illinois child custody case, it is important to discuss your concerns with an experienced child custody attorney. Contact Ronald L Bell & Associates for help today at 847-495-6000.