Can Social Media Posts Be Used Against You In A Maryland Custody Case?

Many parents now use social media platforms on a daily basis. What may be considered an innocent action, such as posting pictures, comments, or video clips on any platform, may soon turn into relevant evidence in a child custody case.

It is essential for individuals going through child custody to know that such actions may be taken into account by judges to determine what is best for their child.

Social media evidence is common in custody cases 

In contemporary family law cases, lawyers often cite social media posts as evidence against one party. Posts from social media sites such as Facebook, Instagram, TikTok, Snapchat, X, or dating apps may be admitted to the court as evidence.

It is a common misconception that deleted posts or accounts on social media cannot be retrieved. This is not necessarily true since screenshots, posts, images tagged by others, and direct messages from other accounts can serve as evidence.

Posts that may have been made for entertainment purposes can be interpreted differently in a court of law.

What types of posts can cause problems? 

The emphasis placed by Maryland family law courts on parental judgment, stability, and the general well-being of the child is quite high. All sorts of actions will raise doubts about the parent’s fitness and can prove harmful to their custody case.

The following list contains items that could be used against a parent during a custody case on social media:

• Photographs depicting too much drinking or taking drugs
• Threats or aggressive remarks
• Statements criticizing the other parent
• Recklessness
• Inappropriate photographs and videos
• Court cases in progress
• Honesty and instability issues

For instance, one would not fare well arguing that one is unable to afford something while having social media profiles with photographs of luxurious vacations and other expensive purchases.

Furthermore, any photographs demonstrating disputes between parents will work negatively towards their co-parenting claims.

Private messages can also become evidence 

Some parents assume that their private messages will not be made public. In truth, text messages, direct messages, emails, and all other types of communications can be discovered during legal proceedings.

Any kind of threats, harassment, manipulation of the child, and violation of court orders via digital communications can have a big influence on the custody process.

Parents need to be wary of how they communicate online because it could affect the custody proceeding.

Judges consider the child’s best interests 

During custody disputes, the Maryland courts use the “best interests of the child” standard, where they consider many factors, such as the following:

• Character and fitness of each parent
• Emotional stability
• Communication skills
• Cooperation abilities
• Relationship with the child
• Promoting a good relationship between the child and the other parent

The use of social media may be used as evidence against any party in the case regarding several of the above factors.

Talk to a Bel Air, MD, Child Custody Lawyer Today 

Embroiled in a custody dispute? Schlaich & Thompson, Chartered can help. Call our Bel Air family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.