In today’s digital world, social media plays a role in many Connecticut divorces, custody cases, and post-judgment modification matters. Facebook posts, Instagram photos, blogs, Venmo transactions, and online dating profiles can all find their way into the courtroom. If you are going through a divorce or custody dispute, it is important not to put anything on social media that you would not want a judge to see.
Social media in custody disputes
In many custody disputes, parents will submit social media evidence to support certain claims about the other parent. For instance, time-stamped posts of children staying up very late on school nights, engaging in risky activities, or being exposed to inappropriate environments can be used to impugn the other parent’s judgment or parenting ability. Similarly, posts showing a parent frequently partying, drinking excessively, or behaving recklessly can lend credibility to allegations that the parent is irresponsible or has a substance use issue.
Social media activity can also be used to evaluate a parent’s willingness to effectively co-parent. Publicly attacking a spouse or co-parent in an online blog or on social posts sends a strong negative message to the court. Judges in Connecticut place significant emphasis on cooperation and communication between parents. It is difficult to argue that you are committed to healthy co-parenting if your Facebook page contains dozens of posts criticizing or humiliating the other parent.
When one parent uses social media to disparage the other – particularly when the children and their friends can see it – it may be viewed as an attempt to influence the child against the other parent. Connecticut courts are concerned when alienating behaviors occur and have broad authority to intervene if these behaviors are found. Remedies can include reductions in parenting time for the alienating parent, supervised visitation, or, in extreme cases, suspension of access altogether.
Financial evidence
Social media is also frequently used in disputes over alimony and child support, including post-judgment modification matters. If one party is seeking to pay less or receive more support due to financial hardship, lifestyle posts can undermine those claims. For instance, photos of luxury vacations at high-end hotels, expensive purchases, or lavish entertainment can suggest available financial resources that contradict sworn statements regarding a reduced ability to pay an order.
Payment platforms like Venmo and PayPal can become relevant in financial disputes. These services often include social or public transaction descriptions that reveal spending habits, travel, or connections with others. Attorneys can request access to these accounts through the discovery process. If individuals object to providing access to these accounts, a judge can decide whether the information needs to be disclosed.
Infidelity and digital footprints
Social media can be used to attempt to prove infidelity. Posts and photos are often time-stamped and location-tagged, placing a spouse at a particular place and time. Dating profiles have also been used to support allegations of infidelity and to impeach credibility in divorce cases.
Uncovering social media evidence
You or the other party may use an online search service to locate relevant social media accounts and posts. The service may help the other party uncover posts that you made visible to the public, posts that you made visible to selected people, and posts made by third parties on which you were tagged. To limit potential damage from third parties’ posts, ask your friends and family not to post about you, and adjust your privacy settings to prevent yourself from being tagged in others’ posts.
Avoid using social media
As a general rule, it’s best to avoid or significantly curtail social media activity if you are involved in a divorce or custody matter. Don’t post about your divorce or custody case or your spouse/co-parent, and avoid sharing details about your social life, finances, or living situation. Remember that anything you post can be printed, labeled as an exhibit, and reviewed by the judge in your matter.
The family law attorneys at Hartford law firm Ruel Burns Feldman Kukucka & Britt have navigated a broad range of complex divorces and child custody matters in Connecticut, allowing for knowledgeable and compassionate representation. We understand that this is a stressful time for you, and we are here to support you through all stages of the process. Contact us to discuss your family law matter. Call 860-206-9096 or click here.