To say social-networking sites such as Facebook, Myspace and Twitter are popular would be an understatement. With nearly 600 million combined members, these online gathering places allow users to keep tabs on current friends, reconnect with those long lost and even meet new people. From high school students to high powered executives, nearly everyone has a membership on one (or all) of these sites. For those looking to connect or reconnect, social-networking can be fun and even addictive. However, for those looking to disconnect or obtain a favorable verdict in family court, these sites can be very dangerous playgrounds.
Take for example the following cases:
1. Husband’s mistress tweeted about a fabulous new piece of jewelry he just bought her.
2. In a custody case, the mother (who was attempting to gain primary custody of her children) posted photos on Myspace that showed her drinking, smoking marijuana and engaging in inappropriate activities with both men and women.
3. A man, who claimed he needed a reduction in his child support obligation because he was unemployed, posted photos on Facebook of a new $60,000 luxury vehicle he had recently purchased. (His modification was denied).
4. A middle school student bragged about not having to go to school because his “mom doesn't care” whether he goes or not. (Dad was awarded primary custody in this case).
When a new client comes to my office for a divorce or custody consultation, I always ask whether they have an account on one of these sites. I then advise them to clean it up. Even if your profile is private, be careful what you post. Material found on these sites can be evidentiary gold-mines for your ex’s attorney. Think your page is secure? Think again. Your ex (or your ex’s new partner) may have befriended a friend of yours or created a fake profile all together to spy on you and possibly obtain unfavorable evidence that will help them in court! I have seen it happen.
If you are involved in a divorce or other family law matter, proceed with caution when deciding what to post on these sites. If you wouldn't want the Judge to see it, don’t post it!
Take for example the following cases:
1. Husband’s mistress tweeted about a fabulous new piece of jewelry he just bought her.
2. In a custody case, the mother (who was attempting to gain primary custody of her children) posted photos on Myspace that showed her drinking, smoking marijuana and engaging in inappropriate activities with both men and women.
3. A man, who claimed he needed a reduction in his child support obligation because he was unemployed, posted photos on Facebook of a new $60,000 luxury vehicle he had recently purchased. (His modification was denied).
4. A middle school student bragged about not having to go to school because his “mom doesn't care” whether he goes or not. (Dad was awarded primary custody in this case).
When a new client comes to my office for a divorce or custody consultation, I always ask whether they have an account on one of these sites. I then advise them to clean it up. Even if your profile is private, be careful what you post. Material found on these sites can be evidentiary gold-mines for your ex’s attorney. Think your page is secure? Think again. Your ex (or your ex’s new partner) may have befriended a friend of yours or created a fake profile all together to spy on you and possibly obtain unfavorable evidence that will help them in court! I have seen it happen.
If you are involved in a divorce or other family law matter, proceed with caution when deciding what to post on these sites. If you wouldn't want the Judge to see it, don’t post it!
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