Should I Post, or Should I Not Post?

What Parents & Guardians Should Know About Social Media During Legal Disputes

Clicking the post button on social media, today seems like a go-to when expressing feelings with those you feel connected to. Photos of birthday parties, park visits, and vacations allow others a glimpse into your life—but if you’re a parent or guardian going through a divorce, custody battle, or any family law matter, you should stop to think: Should I post this?

If you need time to think about it, the answer is probably not.

What You Post Can (and Likely Will) Be Used in Court

Florida courts have made it clear: what you post can and may be used in your legal proceedings. Posting on social media accounts leaves the door open for scrutiny—in the courtroom. In family court, social media posts can be entered into evidence, against you or for you. When going through a legal dispute, it is best to refrain from allowing others the opportunity to misjudge your content or take the details of your life out of context. In Florida, there is no reasonable expectation of privacy on social media, even with intended settings of privacy.

You post a photo with your closest friends out on the town. Harmless? Sure. But in a custody case, the opposition can and may use that as leverage to allege a pattern of irresponsible behavior, especially if the timing of the post falls on a parent’s/guardian’s time-sharing schedule.

You post a selfie with an angry expression. Harmless? Maybe. But with a caption like, “Some people should never be parents…like my ex,” sharing your feelings may be seen as an inability—or unwillingness— to put your children first and co-parent effectively.

Less Is More

During any legal proceeding—especially those involving minor children—it’s wiser to refrain from posting as opposed to wishing you had never posted. Limiting social media activity may be in the best interest of you and your family.

Take a Look at 3 Important P’s:

Privacy: Private accounts are likely not actually private. Screenshots of social media posts can be shared, and posts can be used as evidence.
Perception: The way your friends and family perceive your posts may be wholly different from how your opposition, opposing counsel, and the presiding judge see them.
Protection: Social media posts never disappear. Children today are more tech-savvy than ever before. Even when deleted, posts can and may resurface— days, months, or even years later.

If You Choose to Post…

Staying off social media is not for everybody—especially if your business or career depends on it. If you post, keep the following in mind. Do not mention your case, your opposition, or your personal emotions towards it. Instead, share these details with your attorney. Be mindful of the type of photos you are putting out there. Think about replacing drinking, partying, and negative habits with family photos and positive habits. Lastly, think long term. Ask yourself how this post would look on a courtroom screen, on your children’s devices, and to others who do not personally know you.

What About Messaging Apps?

Texting on iMessage, WhatsApp, Snapchat, Instagram DM, and other apps may feel as though you have privacy protection. False. Communication methods can be subpoenaed. Before hitting the “send” button, ask yourself how these messages would look displayed in front of all parties in court.

What Florida Says About Best Interests

In Florida, the standard in parenting cases is in the “best interests of the child.”

Judges consider parents’/guardians’ ability to prioritize children’s needs, willingness to foster a co-parenting relationship with the other parent/guardian, and moral fitness that can affect the children

Your social media presence and communication methods can speak loudly to all three.

Bottom Line

If you find yourself in the middle of a legal matter, especially involving minor children, think of social media as a courtroom. Everything you choose to share, say, or react to can and may impact the outcome of your case. When in doubt, don’t post. Let your attorney be your voice, not your profile.