The Role Of Social Media In Texas Family Law Cases: Do’s And Don’ts

In this article, you will discover:

• How you should handle your social media during a divorce or custody case
• The risks of posting about a new relationship during a divorce or custody case
• How social media posts can be used by opposing counsel to challenge your character in a divorce or custody case

What Types Of Social Media Posts Should I Avoid During A Divorce Or Custody Case?

Ideally, stay off of social media during your divorce or custody case. However, social media is a large part of everybody’s lives these days, so that’s not likely to be feasible.

Posts about your spouse, the pending case, your children or how your children are feeling during a separation, divorce or custody case are not necessary for social media. If you have information of that nature to share or if you’re in need of emotional support, talk to a friend, but keep it off of social media.

Inevitably, there is always a friend of a friend who can screenshot your social media posts in an effort to use them against you or to paint you in a bad light. That information can be presented at a court hearing or a mediation in an attempt to get a settlement that you wouldn’t otherwise agree to.

The best practice is to stay off of social media during the pending litigation. If you’re adamant that you must have some role in social media, keep everything you post unrelated to the pending matters in your family so that nothing can be misconstrued and used against you.

What Are The Potential Risks Of Posting About New Relationships During A Family Law Case?

A new relationship during a divorce is likely to be problematic since you’re not yet divorced. While the case is pending, you’re still married. It’s not a good idea to start a new relationship.

If you start a new relationship during a child custody case, you may unwillingly bring your partner right into the middle of your litigation. The court may want to know about that person, their background and their role in your life and the lives of your children. Suppose that is not somebody who wants to participate in litigation or someone you’re not serious about having a long-term relationship with during ongoing litigation. In that case, it’s just not a good idea to start that relationship.

Generally speaking, new relationships should begin and end outside of litigation. If you’re going to start a new relationship, then absolutely talk with your attorney directly before any information about that new relationship is shared with the children who are part of the pending family law cases.

How Can Social Media Posts Be Used To Challenge Character In Family Law Cases?

You might be surprised at how social media posts can be manipulated, even if they are just sharing posts from other people. People tend to share posts that are related to alcohol use or illicit drug use, even if it’s just a funny meme or sharing a post about a law that passed in another state and how you support that state’s decision.

Sharing or making posts of that nature are absolutely going to be taken and made available by the opposing party if they can get their hands on them. They will challenge your character as a fit parent and make it seem as if your priorities are alcohol use, foul language or inappropriate explicit material that you’re sharing on social media. The other consensus is: If that’s the kind of stuff you post on social media for the world to see, what goes on in your home or behind closed doors?

It’s best not to put that kind of information out to the public on social media because it can absolutely be used to challenge your character and fitness as a parent, your ability to make rational and sound decisions as a parent and your ability to make priorities that put your children first.

Attorney Christina Wade Perrone is an experienced lawyer based in Greenville, TX, who helps clients like you with family law issues such as divorce, child support and child custody. With her experience handling family law matters and complex litigation, she can answer your questions about your social media image and help you present the best version of yourself in court.

Still have questions? Ready to get started? Contact Perrone Law Firm today to schedule an initial consultation.

What Should I Do If My Ex Is Posting Negatively About Me On Social Media?

Avoid confronting your ex and instead contact your attorney. If you have the information printed or somebody sent you screenshots, preserve that. If you’re seeing it yourself first hand on social media, take a screenshot and present it to your attorney so they can guide you.

Your attorney can tell you how to stop the posting, address it with the other party’s attorney, or use it to challenge your ex. If your ex posts negative information about you on social media, you can challenge their character, their willingness to co-parent, or their ability to parent effectively with you.

Most importantly, you must avoid jumping into the mix by trying to attack your ex for the negative posts. It won’t get you anywhere and oftentimes causes you to stoop to a level as low as your ex, who shared the negative post.

What Steps Can I Take To Protect My Social Media Accounts During Legal Proceedings?

Steps to protect your social media accounts are a quagmire. Your social media account is public. The information you’re posting and sharing on social media is going to be subject to discovery. If the other attorney wants to ask questions about what you’ve posted or wants you to send information or screenshots of your posts, they’re within the realm of discovery to do that.

It’s not going to be confidential just because you’re involved in a legal proceeding. If you want to protect your social media from somebody hacking into your account and making posts, it would be better to deactivate your accounts temporarily while the legal proceedings are pending.

Most courts also have standing orders in place while a case is proceeding that prohibit tampering with or logging into someone’s social media accounts using their password to make false posts or try to delete information. The court’s standing orders should protect you. If you’re worried your account is not protected, somebody hacked into your account, or your history might be used against you, it’s best to immediately bring it to your attorney’s attention and follow their guidance.

How Do You Determine The Reliability And Relevance Of Social Media Content In Your Evaluations?

Relevance is tricky because many people post silly things on social media, share memes or post funny pictures that don’t have anything to do with their fitness in a family law case. If it has nothing to do with the pending family law case, it isn’t relevant.

Just because your ex shared a post in college long before you met them, were married to them or had any children with them, is that really going to be relevant 20 years later in a custody case? No, probably not. If, however, posts show a long-term course of conduct, a pattern of behavior or defines the person’s character in general, that may be relevant.

It’s incumbent upon you to make everyone aware if your account has been hacked or fraud has been committed. Otherwise, the assumption is that the post is reliable and truly reflects your interests and character.

Can You Share A Case Where Social Media Created An Unfair Bias Towards A Parent, And How You Handled It?

There are many cases where social media creates a bias against one parent because they’ve consistently made TikTok videos showing their ex-spouse and their parenting style in a negative light throughout the entirety of the litigation.

The best way to combat the potential for unfair bias is to be open and honest with the attorneys involved in the case, particularly your attorney. If there is an amicus attorney involved who has the information, be upfront with them as well. Explain your side of the story and provide any necessary background information.

Perhaps that was a post made prior to attending a co-parenting class. Maybe it was a post about some questionable behavior that was made prior to drug or alcohol treatment.

It’s essential to make sure you lay out an effective timeline to show a change in your or the other party’s character, parenting abilities or mindset through ongoing therapy or classes. That would be a way to help avoid making or being targeted by social media posts that are unfairly biased.

Still Have Questions? Ready To Get Started?

For more information on The Role Of Social Media In Texas Family Law Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 964-1122 today.