Family Law: Facebook as Evidence in Family Law Court? Sustained.

So you’ve had a really frustrating day and can’t wait to post on Facebook about it, blow off some steam and get some encouraging words from your friends. Before you post that snarky comment about your ex or about how much you need a break from your kids, stop and think twice before you do it. Actually, just don’t do it. Facebook can and will be used against you in family court. Family court is often a case of “he said, she said,” but when your words and photos are on Facebook, Twitter or a blog, they can be offered as tangible evidence that may decide your case.

In one of my divorce cases, Mother posted on Facebook about how excited she was to spend an evening alone with her boyfriend. Arizona is a no fault divorce state, so the fact that she had a boyfriend was not the problem in the Judge’s eyes. The problem was that in court she claimed that she was fearful for her children’s safety when they were with their Father. The same night she was so excited to spend alone with her boyfriend, her children were at their Father’s house. The Judge specifically stated that because of her Facebook post, he did not believe her testimony that she was concerned about the safety of the children.

In another case, Mother raised concerns about the safety of the children when in Father’s care because of his regular drug use. Of course Father claimed he did not use drugs. However, we literally had page after page on Facebook of him bragging about using marijuana as well as multiple photos of him using drugs. Father’s Facebook page was private to his friends only, but what father did not know was that some of his friends were on Mother’s side.

I regularly warn my clients about what they post on Facebook, Twitter or blogs. If you are involved in any litigation and especially child custody litigation, the safest advice is don’t do it. Shut down your Facebook, Twitter or blog. No matter how safe or private you think your page, it is not. One seemingly innocent post or some photos of a “good time” may cost you drastically in your divorce or child custody case in the family court system.

If you have any questions about divorce or family law matters please call me at (480) 833-1113.

Attorney Profile: Joshua R. Boyle Arizona Divorce-Family Law Attorney

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