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Facebook might be evidence in a child custody case

Texas parents who are thinking about getting divorced or who are engaged in a child custody dispute may want to learn about a potentially precedent-establishing case out of New York. In the case, a man who is seeking custody of his child was granted a ruling allowing him to access and use evidence from his ex-wife's Facebook page in his case.

In that case, the woman has been arguing that she has provided most of the care for the child and thus should be granted primary custody. On her Facebook page, however, she has posted photos and discussed the many solo vacation trips she has taken, including ones to Italy and Boston. The man wants to use the information to show that it is he, and not his ex-wife, that has had the child more of the time.

Since courts consider how much time each parent has taken in caring for the child as one of the factors used to determine custody, the judge ruled that the Facebook evidence would be allowed to be presented in court. Social media use has exploded in recent years, making it a potential source of evidence to use in divorce and child custody cases.

People who are involved in a child custody dispute may want to try to find out what the other parent's Facebook posts say. If the page includes information that contradicts their claims, they may want their family law attorney to file a motion requesting that they can use it as evidence. In addition to time spent with the child, an attorney may also be interested in looking for evidence regarding other factors, including such things as substance abuse, partying behavior and other things that would be detrimental to the child.

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