SOCIAL MEDIA & YOUR COURT CASE:
The demeanor and credibility of the witness(es) on the day of trial is important in the final outcome of the case.
However, pictures and comments made on social media sites may undermine your actual divorce and child custody trial outcome.
1. POSTING PICTUES AND COMMENTS
a. Clients and witnesses should NOT post pictures and/or make comments about the divorce and/or child custody case.
If possible, I suggest staying off all forms of social media during your divorce and/or child custody case. It is far more likely that the posts to social media will do more damage than good to you divorce and/or child custody case.
Increasingly, opposing attorneys have requested information posted on social media sites in family law cases. I had the unfortunate experience of having information posted by my client used against the client in a child custody case at a trial: the outcome was not good!
b. Please do not let your family, friends, and/or acquaintance post anything about your divorce and/or child custody case, or post anything derogatory about the other parent on social media during your divorce and/or child custody case.
Friends don’t let friends post messages about their divorce and/or child custody case on social media.
c. Even when the social media posts seems harmless, one never knows!
Avoid the potential damage to your divorce and/or child custody case and stay off social media please! Let the other side post information about the case, and let us use these messages and pictures at your divorce and/or child custody trial to help win your case.
2. EMAILS & TEXTING DURING LITIGATION
a. Emailing and texting your spouse or partner during the litigation of your divorce and/or child custody case may be just as harmful (if not more so) than posting on social media.
It is wise to keep (Emails and texts) on point during the case. For instance, if the message is about the time, day, and place to exchange the child(ren), then that is all that should be contained in the Email or text.
Opinions about the recipient, recipient’s mother, etc., and the like are inappropriate.
Before sending an Email or text, review the message at least three times and look for opinions and remove all opinions and stay on message and stick to facts.
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