Online parent shaming sits at the crossroads of divorce, co-parenting, and the digital trail you leave behind. Courts may not use that exact term, but judges do look at what you post and how it affects your child.
In the video, Atty. Tina Campbell of Turner-Monahan PLLC explains how public posts about the other parent can be used in court and may damage your parenting case and your child’s well-being. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Why Publicly Shaming Co-Parent Can Hurt Your Case
If you do have children and you are getting divorced, the goal is co-parenting. The goal is to raise your children in a way that does not fracture them any more than is necessary. Publicly shaming the other parent can look bad to a judge. The posts can be used to question judgment, decision-making, and the ability to co-parent.
How It Affects Children
If you are publicly shaming the other parent, understand that when the child gets old enough, or has the ability to see those posts, they are going to feel like they, too, have been shamed because they are part of that parent.
You may think that you are stabbing the knife into your ex, but what you are really doing is harming your kids. The hurt can last and can affect trust, respect, and future co-parenting.
What to Consider Before Posting
Think very long and hard before you make those kinds of posts. Ask if the post helps your case, helps your child, or helps co-parenting. Ask if it could be read in court. Ask if your child might see it and feel ashamed. If the answer is no to helping and yes to harm, do not post it.
How Posts Become Evidence
Screenshots, comments, and timestamps can come into court. A post can be tied to a date, a place, and a person. Even deleted content may live on in other devices, cloud backups, or the other parent’s phone. One harsh caption can be compared with texts and emails to show a pattern. Judges and evaluators can read tone and intent from the words you chose.
Safer Ways to Raise Real Concerns
If there is a true concern about safety or parenting, use direct and calm channels. Send a short email that states the issue, the impact on the child, and a simple request. Use your parenting app if the order requires one. Ask for a specific fix and a time frame. If it is urgent, speak to counsel about filings or a temporary order rather than posting online.
If you already posted
Do not argue in the comments. Do not post a follow-up to explain or defend it. Take a full set of screenshots for your records. Make your account private and stop posting about the case. Share the post and context with your lawyer so the response in court is thoughtful and focused on the child.
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 §153.001: Public Policy
Texas law favors frequent and continuing contact with parents who act in the best interest of the child. Posts that attack a parent can be seen as blocking healthy contact and can weigh against that policy.
Texas Family Code §153.002: Best Interest of the Child
Best interest controls all conservatorship and possession decisions. A judge can consider online shaming as conduct that may harm the child’s emotional needs or stability.
Texas Family Code §153.134: Joint Managing Conservatorship
When the court sets rights and duties for joint managing conservators, it looks for parents who can share information and reduce conflict. Public attacks can be used to show poor co-parenting and may lead to limits on decision-making or possession terms.
Texas Family Code §105.001: Temporary Orders
Courts can issue temporary orders to protect the safety and welfare of the child. Judges can order parents to stop disparaging each other on social media and can set rules for online conduct while the case is active.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Online shaming can damage a case and a child’s well-being. A careful plan for how you communicate will help you in court and at home. Consult with a family law attorney to review your posts, set safe rules, and protect your child and your rights.
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.
