I have said it before and I will say it again, be careful what you share on Facebook. More attorneys are using what you post on your Facebook page in custody and divorce matters. Even in the UK, the American Academy of Matrimonial Lawyers says that around 81% of its members have had to deal with — or have themselves used — evidence from social media sources, including Facebook, Twitter and YouTube. And a UK site reported that the word “Facebook” alone appeared in around 20% of its cases last year.
Citing Facebook posts, one mom lost custody of her kids because she was playing FarmVille or World of Warcraft when she claimed to be spending time with them. A husband who denied anger management issues but spouted to the world, complete with violent threats on his Facebook profile, also lost custody of his children.
Judges don’t have many compunctions about admitting such evidence, the reigning wisdom being that it’s difficult to impossible to make a fraudulent entry of some kind on a user’s Facebook page. I have personally seen MySpace accounts used in juvenile dependency matters to substantiate the county’s claims that a parent was involved in gang related activities, enabling the county to terminate parental rights.
So, if you don’t want your significant other using things against you in a custody or divorce matter, start being a responsible adult and don’t post the stuff that shows you in a less than flattering way to the world.
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