As social media use evolves, so does its relationship to child custody law. Because of this, parents, family law attorneys, and courts grapple with issues that did not exist 20 years ago. If you’re facing a custody battle, below is more information to consider before posting on social media again.

Every Post Is a Public Record

Family law courts can use everything you post on social media during the trial, even if you make the account private. Comments about how you spend time—such as drinking or being unsafe—can give the other parent evidence that questions your fitness as a parent. Even photos showing you are frequently away from a child for work are applicable during the custody hearing.

What if the Post Includes the Child?

Placing photos or videos of your children’s activities on social media might be a convenient way to share with family and friends. However, they could show conduct that your spouse’s attorney can argue is unsafe or inappropriate, such as your child hanging out of a window for a selfie or performing a racy dance routine. Avoid sharing anything about the child while the court is considering the custody decision. Not only does this protect you, but it also removes the child from the conflict.

What Happens if You Delete the Post?

Scrubbing harmful old comments, photos, or messages from your profile doesn’t absolve you of the consequences. The courts may consider deleting material from social media pages as spoiling or destroying evidence, which is a Class A misdemeanor offense in Missouri. When applying child custody laws, courts have broad discretion to allow legal investigators to retrieve deleted material if it proves allegations of misconduct, such as physical abuse or parental neglect.

If you’re going through a custody battle in the St. Louis, MO, area, and need help, turn to Rathjen-Decker Law, LLC. With nearly 20 years of experience in child custody law, they have the up-to-date legal knowledge to resolve issues involving divorce and child custody agreements. Visit the website to learn more about their family law services, or call (314) 727-6933 to arrange an initial consultation today.