As an Austin family law attorney, I believe that it’s always a bad idea to post inappropriate or risqué content on the internet (most frequently seen on Facebook), and it’s an even worse idea to do it during your divorce or Austin child custody battle. This information can be used against you in court, often by surprise.
One of the most common examples revolves around alcohol use or illicit relationships. People will swear in Court that they do not drink excessively or haven’t been seeing someone “on the side,” only to have personally provided photographic evidence to the contrary. And the risk doesn’t just stop at what you post, since friends can tag you in photos and post comments on your wall.
Social media also creates a tempting forum for venting or airing grievances against your soon to be ex. However, all it takes is one mutual acquaintance to provide this information to the opposing party, even a post that you feel is relatively harmless could be taken out of context in court and damaging to your case, especially since judges never like to hear one party disparaging the other.
Out of an abundance of caution, I recommend that my clients take the following precautions:
- Temporarily suspend their social media accounts while the case is pending, or,
- At a very minimum, make sure that their ex, their ex’s friends and family, and the general public cannot access their profiles. Remember: people who are tagged in your photos and posts and their friends may see those photos and posts as well
- Consider who can post on their timeline
- Consider who can see what others post on their timeline
- Consider who can see posts you’ve been tagged in on their timeline
- Consider who can see old posts on their timeline
With that being said, I strongly urge my clients to avoid inappropriate behavior altogether, whether or not they’ve chosen to document it.
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