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Can My Social Media Activity Affect My Child Custody Case?

person reacting on Facebook

Posting online can often feel as if it is second nature: you may wish to share photos of your family, your most recent vacation, or what you’re doing with the world. But when undergoing a family law matter, your past and current social media activity can always be used as evidence in court. Our Manhattan divorce attorneys at Berkman Bottger Newman & Schein share how social media activity can affect your divorce and custody proceedings.


You should always be safe online and limit posting personal information or details. Still, you should especially be mindful of what you post, comment, share, like, or react to online during your divorce. Even if your profile is set to private, all of these online actions are public; they can be used as evidence in a child custody matter to prove unfit parentage or support a proposed custody order.

While it may seem that only posts can be used as evidence, your likes, comments, shares, and even your duets on TikTok (including the use of audio or filters) can affect your case. As social media activity is used more often in court proceedings, evidence has expanded to include all forms of activity to create a holistic view of social media evidence.

Most social media users do not simply post their content and leave the app; they often engage with content posted by their friends, families, influencers, or brands they admire. These interactions can give attorneys a more extensive picture of social media activity presented to the court as evidence.


Your child’s social media activity may also be used as evidence in a child custody matter regarding parenting. If you allow your child unsupervised access to social channels when very young or allow your child to use inappropriate filters or audio in their posts, your spouse can use that as evidence of unfit parenting when seeking majority or sole custody of the children.

Your children’s social media posts may also be reviewed by the court if your children post about their parents’ divorce, their relationship with their parents, or the current custody matter.

Likewise, your engagement with your children online may help strengthen your case as you fight unfit parentage claims.

Berkman Bottger Newman & Schein DIVORCE ATTORNEYS

It is unsurprising that social media activity can be used as evidence in court in our digital world. Our team of attorneys understands the importance of taking a full focus approach for our cases to address all client needs. With our understanding of your case, we will build a game plan to prepare you and your family for the case ahead.

Schedule a consultation with our team of skilled divorce attorneys by calling (212) 466-6015 or contacting us online to learn more about how our creative approach can benefit your family.