With a few clicks of their fingertips, many parents can share their lives, including their children’s growth, on Facebook. So, when couples call it quits, some may find it natural to share their personal experiences on the platform.
But can your Facebook activity prove your co-parenting abilities in a child custody case? The answer is not a simple yes or no.
Not a decisive factor, but still crucial
Most courts’ primary concern is the child’s best interests. Judges often consider several factors when determining child custody, such as:
- What are the child’s emotional and psychological needs?
- Can each parent provide a stable and loving environment?
- What is the child’s relationship with each parent?
- Can each parent cooperate and make joint decisions?
Facebook activity, including posts, comments and likes, may be evidence of a custody case, but it is not a decisive factor. A judge is unlikely to award custody based solely on a parent’s social media behavior.
However, your Facebook and other social media accounts may be subject to discovery, which means the opposing party may request access to them as part of the legal process. It can either support or dispute other evidence presented to the court.
For example, if a parent claims to be actively involved in their child’s life, but their Facebook posts suggest otherwise, it could raise questions about their credibility. Or, a parent posting negative comments against the other may show a lack of respect and cooperation, which are crucial for co-parenting. The court can also deem a parent who shares photos or videos of them partying unfit.
Proceeding with caution
While Facebook can provide some insight into your parenting style and relationship with your children, it is not a definitive indicator of your co-parenting abilities. A thorough evaluation of all relevant factors will ultimately determine the custody arrangement, not your online presence.
Still, being mindful of what you like, comment or share on your social media accounts is essential. With proper caution and knowledge of what your social media activity can imply, you can present a stronger case and improve your chances for a favorable outcome.