The potential impact of social media on your Texas divorce or child custody case

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Family Lawyer Houston: It used to be that the first thing a person would do to find out what’s going on in the world was to pick up the newspaper from their town and get to reading. All of the previous day’s events were contained in print and left on your doorstep or at the newsstand.

I can remember reading through the sports section of the Houston Chronicle every morning at the breakfast table to get all the news that I thought I could ever want.

Times have changed even in the past decade with the widespread use of social media. People are always going to want to learn more and have access to more information and social media taps into that desire. Instead of having to wait hours to get an update on a news event or whatever piques your interest, social media allows for almost instantaneous reporting and analysis of current events both around the world and in your backyard.

These current events are not only the sort of noteworthy headlines that we may see on the evening news, but can be seemingly benign updates on aspects of the lives of our friends and families. I think we all have someone in our lives whom we would qualify as an “over-sharer” of information on the various social media applications.

This means that instead of holding a few cards close to their vest, this person will broadcast every bit of their lives, good and bad, to the entire world. We can debate the reasons why people do this until the cows come home, but regardless of the motivation to do it I think we can all agree that it does happen.

Divorce in the era of social media

This introduction to social media brings us to the meat and potatoes of what I would like to discuss with you all today, on behalf of the attorneys with the Law Office of Bryan Fagan, PLLC. So much of a divorce case is spent, for better or worse, attempting to get the upper hand on your spouse when it comes to the relevant issues of your case.

I can’t tell you how many times a client has walked into our office to speak to me about a “juicy” bit of information that he or she thinks is going to completely turn the case against their spouse. However, when I drill down a little deeper with the client it is revealed that the information is just that: information.

There is no evidence of any wrong-doing or bad act that could potentially sway their spouse to a favorable settlement agreement or something like that.

Social media offers the sort of specificity in evidence that attorneys love. Most applications allow for detailed dating of material so that you can know down to the minute where someone is (or isn’t) as well as who they are spending their time with. If it’s evidence that you are in need of, social media accounts are often a fertile ground for plucking fresh evidence for courtroom use or negotiations.

What can social media posts be utilized for in the context of your divorce? Read on to find out more.

Issues related to your child

Divorce Lawyers Houston: In child custody cases especially, parents will utilize social media posts to attempt to show that the other parent is not doing what he or she is supposed to be doing as far as parenting is concerned. Late night posts from dance clubs, bars and other adult locations on weekends where he or she has your child can be used as evidence to restrict visitation and access or to flip primary conservatorship over to you.

I have seen situations where a parent has posted photos of guns, drugs or other items on social media where a judge has severely restricted visitation and access for a parent. Remember- a judge has to make decisions on behalf of your child’s best interests. Removing him or her from an environment where physical harm could befall him or her is the most reasonable way to ensure that their best interest is looked after.

Proving grounds for divorce

Most folks know that you can get divorced in Texas for any reason under the sun.

However, if you are attempting to prove that your spouse’s cheating on you has caused you to file for divorce social media posts showing him or her romantically with another person can go a long ways towards aiding your attempts to prove a specific fault grounds for divorce.

In the even that there is a significant community estate at stake any evidence that can be used to assist your case will be highly sought after. A higher percentage of the community estate and a change in the amount of spousal support that is awarded can be the consequences of having your infidelity exposed to the court via social media posts.

Social media as a way to detail your income

If you are telling a court that your child support obligation needs to be decreased, but you are parading a new car or other item around on social media your chances of winning your case have diminished significantly.

Nobody would be shocked to learn that people present different personas in the courthouse versus who they are away from the judge. With that said, if you are intent on proving that you income has decreased you ought to watch out for what you post online.

Questions on the impact of social media on family law cases? Contact the Law Office of Bryan Fagan, PLLC today

Family Attorney Houston: In order to learn more about our office and the services that we provide to clients please do not hesitate to contact us today. A free of charge consultation with one of our licensed family law attorneys is available six days a week. We represent clients across southeast Texas and we would be honored to speak to you about your case and to answer any questions that you may have ... Continue Reading