Social media can feel like a personal outlet during stressful times, but in family court, your posts can quickly become evidence. Even a single photo, comment, or shared post can be taken out of context and presented to a judge. Understanding how your online activity can affect your case is critical.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC share how certain social media activity can affect divorce and custody cases. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Can Social Media Posts Be Used in Family Court?
Absolutely yes. In fact, it is very common. We cannot think of a case in the last 10 years where text messages, screenshots, Facebook posts, tweets, or other online messages have not been used in court. They are almost universal because so many people are attached to social media and feel the need to post everything.
At Turner Monahan, we strongly encourage our clients to stop posting anything related to their case. You can still keep your accounts and share general updates, but do not post anything that could be tied to your family law matter.
Posting About Your Case Can Hurt You
If you are in the middle of a divorce, even if you have been separated for years, avoid posting pictures with a new significant other. In some courts, this can make a dramatic difference in your case. While some courts may not see it as an issue, you never know which way a judge will view it, and there is no reason to take that risk.
We have also seen cases where people argue back and forth in the comments on social media. These exchanges often get captured and presented as evidence. If mutual friends or your own friends leave comments bashing the other parent, and those comments remain on your page, it can be used against you.
Emotional or “Indirect” Posts Can Still Be Evidence
Many people make vague or indirect posts, such as asking for prayers before a court date or sharing emotional updates that clearly relate to the other parent. These may seem harmless, but they can make you look bad in court. Judges may see this as a way of influencing public opinion or stirring drama.
Even worse, children now have access to social media at a younger age. A post that you think is private could be seen by your child, either now or years later. Saying anything negative about the other parent where your child can hear it is harmful enough, but putting it online makes it permanent. This can seriously damage your custody case.
Private Settings Do Not Guarantee Privacy
Many believe that setting profiles to “private” protects them. However, posts can still be screenshotted, shared by friends, or obtained through legal discovery. Courts have accepted social media evidence gathered from mutual friends or even from the other party’s followers. Never assume that “private” means safe.
Deleted Posts Can Still Be Retrieved
Deleting a post does not erase it from existence. Courts can issue subpoenas to social media companies, and opposing parties often have already captured screenshots. In some cases, deleting posts during an ongoing case can even raise questions about destroying evidence, which can hurt your credibility in court.
Messaging Apps Are Not Off Limits
Direct messages on platforms like Facebook Messenger, Instagram, or WhatsApp are frequently admitted as evidence. Many people mistakenly believe these are “off the record” conversations. In reality, messages can be saved, forwarded, or subpoenaed, and they often become a significant part of a custody or divorce dispute.
What Does the Texas Family Code Say?
Under the Texas Family Code, several sections can come into play when social media activity is involved in divorce or custody matters:
Texas Family Code §153.002 – Best Interest of the Child
This section requires that all custody decisions prioritize the child’s best interests. Negative or harmful online behavior toward the other parent can be used to show poor judgment or an inability to foster a healthy co-parenting environment.
Texas Family Code §6.001 – Grounds for Divorce
While Texas is primarily a no-fault divorce state, evidence of misconduct, such as online harassment, could be used to support certain claims or impact fault-based considerations.
Texas Family Code §153.003 – No Discrimination in Custody
While this section prohibits discrimination based on certain factors, it still allows courts to consider a parent’s behavior, including social media conduct, when determining parenting arrangements.
Texas Rule of Evidence 901 – Authentication Required
This rule says any evidence, including social media posts or messages, must be shown to be genuine as it claims to be, before it’s allowed in court. That means there must be enough proof for a judge or eventually a jury to reasonably think the post or message came from who you say it did.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Social media can have a powerful impact on how your divorce or custody case unfolds. The safest approach is to limit or completely avoid posting about anything related to your case until it is resolved. Consult with a family law attorney to understand what specific steps you should take to protect your rights and your case.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How is Child Support Determined in Texas.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
