New York Divorce Lawyer Discusses Using Facebook Posts in Court
Question:
I want to start a custody case to protect my little girl and bring her back home. As part of my proof that my Daughter needs to be under my custody comes from Facebook. The problem is that I found the information under her Facebook account. She borrowed my phone and when returned it, she left her facebook account active. I swear she left it open! Normally I would not really care what she has on there but I am worried about my Daughter. Is is legal to bring up in court, and if I do bring it up, would I be the bad guy?
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Answer:
As an experienced New York Divorce Lawyer, I recommend that you bring the Facebook material to your attorney to determine how it may be used to your benefit in your pending proceeding. As a parent of a minor child, you have the ability (and responsibility, in my opinion) to monitor your child’s internet activity). I don’t think that makes you a “bad guy” at all. That being said, whether or not certain content can be used at trial is a question that will need to be closely examined by your New York Divorce Lawyer . The issue may likely be “admissibility” (whether you can use what you have as evidence), because statements of a nonparty, such as your daughter, are “hearsay” and will not be admissible if there is an objection from the other side. That being said, if there are statements made by the other party, or photos posted by the other party, evidence of those actions/statements may be admissible under a hearsay exception because they were done by the other party to the proceeding. There are other hearsay exceptions and exclusions that your attorney can go over with you when strategizing about what evidence to use in your case and how to present it.
As a general matter, I advise my clients to shy away from personal social media accounts during custody proceedings. No matter how “private” your privacy settings are, the internet is a very public place. Common “friends” can very easy view and share what you post or write. Your posts are statements that may be quite easily used against you in some way or form. It is surprising how many people “rant” about personal and family matters. Even if you don’t name names, people around you usually know who you are talking about. Further, if your children are your “friends” on Facebook, this can make things more complicated because they may be able to see what you post.
Are you wondering if you can use posts from social media in court? Contact experienced New York Divorce Lawyer Jennifer Sunderlin Morton to guide you.
This legal question was provided by a Avvo and answered by Jennifer Sunderlin Morton an experienced New York Divorce Lawyer. This does not consent an attorney client relationship.