phone on social media

What to Avoid Posting on Social Media During a Divorce or Child Custody Case

One social media post can change the outcome of your case, especially a divorce or child custody case. Social media has become as much a part of our daily lives as brushing our teeth and combing our hair. According to Statista, in 2020 an estimated 3.6 billion people are using social medial worldwide and that number is only expected to climb in the future. Pew Research’s study revealed that the number of US adults that have at least one social media platform increased from 43% in January 2010 to 72% in February 2019. I have seen many marriages end in divorce that involved some sort of social media post or direct messages. Once a client hires me, I always strongly recommend that they stay away from social media altogether. In my opinion, that is the best way to keep these types of problems away. However, no matter how much I encourage some clients to stay off social media, they just can’t do it. In that case, I recommend avoiding the following types of posts:

  • As I mentioned a few weeks ago in another blog about grandparent visitation rights, never ever vent about your case on social media. I can, with nearly 100-percent certainty, guarantee you that it will make its way back to your ex, his or her attorney, someone in your ex’s family or friend group, or worse, the judge. This will not work in your favor. Just don’t. That’s all I have to say about that.
  • If your child is old enough to have his or her own social media, I always advise that my clients monitor this as well. I know, it can be nearly impossible to keep up with which social media platform they are using, Is it Instagram, Snapchat, or Tik Tok this week? Or is it another hot, new social media platform that no one under the age of 18 has heard of. Do your best to monitor their accounts and posts. To make matters worse many have several different profiles they use for different friend groups. The main thing you are trying to avoid here is them posting anything about the money you are spending, expensive gifts you have purchased for them, or posts about mom or dad’s new boyfriend or girlfriend. Since it is difficult to keep up with what platform or profile they are using, try to have a conversation with them about what they are posting.
  • An innocent night out to relax and have a few drinks to take a break from the divorce or child custody issues can be turned around on you to make it seem like you are partying every night and appear to be irresponsible. I’m not saying that you can’t have a night out to take a little breather, but it is best to not post any pictures on social media. Do not give your ex any ammo against you.

Always keep in mind that once a post is out there, it is out there for all of eternity. Deleting a post doesn’t make it go away. A post only has to be up long enough for someone to share or take a quick screenshot to cause damage to your case. I will give you some advice that my old high school English teacher would always say about punctuation, “When in doubt, leave it out.” That advice doesn’t just apply to punctuation, it is also relevant today’s time regarding social media posts. Anytime you have to question if what you are posting is acceptable, it’s best to not post it.

To avoid letting social media have negative impacts on your divorce or child custody case, take my advice in this blog and give me a call to schedule your confidential consultation. As your attorney, it is my job to use posts that your ex has made against him or her. Kevin Hickey Law Partners works hard for you to help you win your case.