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Social Media's Influence on a Child Custody Decision in Arizona
By Timothy Durkin, Attorney at Law
Fifty-six percent of people have at one point used a social network. While it can be tempting to thoroughly document your life through Facebook and Instagram, social media can have devastating effects on your child custody case. Although the majority of divorce cases will settle outside of courts, for those of us in a contested divorce where the future is less clear it is wise to take cautionary measures with our online presence.
In Arizona a variety of factors are considered in a child custody case, including:
- The child's age and preferences
- Drug or alcohol abuse by either parent, criminal history
- Time available to spend with the child
- The parent's interest in raising the child and their relationship with them
- The parent's ability to provide a safe, comfortable home and medical care
Social media makes finding incriminating evidence against your case particularly easy. Not only can frequent drug or alcohol use make you appear to be an incompetent parent, so too can your negativity and bashing of your ex or spouse.
Since 2006 more than 80% of family law attorneys have noted an increase in social media activity being used as evidence during a case. Some attorneys encourage their clients to completely check out of social media altogether, others insist it is OK to keep your accounts as long as you are playing it safe. Checking in constantly across the country implies you're not going to be able to spend time at home with your child, and that Instagram'ed photo of a fleet of vodka shots may garner a lot of "likes" but it definitely won't impress anyone in the court room. Be mindful of what you post, and if you question it at all it is best to leave it out altogether. If you absolutely don't trust yourself, put your social media accounts on hold until the divorce passes over.
Another concern social media raises is what your friends post that may be out of your control. Friends tagging you in photos or recounting events on your timeline can be detrimental to your case. There are instances of child custody cases being lost by the mere association with an unsavory group of people – despite no criminal history or background. Even if your social media accounts are private, these records can be subpoenaed and your actions online can be used against you in the courtroom. Also, do not use your social media accounts to harass or stalk your ex. Stalking can result in criminal charges, and will be used against you in your hearings.
Last but not least, be sure to have a safe and secure password. Particularly if your ex or a friend knows the password to your accounts, it might be in your best interest to change them over right away. Being private and mindful are two of the best ways to protect your child custody case and to preserve the positive image you are trying to project.
ABOUT THE AUTHOR
Timothy Durkin dedicates his practice to help clients successfully deal with a variety of family law issues, such as divorces, paternity actions, child custody, child support, termination of parental rights and parental severance actions, enforcement of custody and divorce orders, mediation services, and domestic violence. issues. Whether you're seeking a simple, uncontested divorce, or are in the middle of a messy and volatile situation you're ready to resolve, you need a divorce lawyer on your side. He is ready to help those in Chandler, Gilbert, Mesa and all of Arizona.
Call 480-779-7972 today to schedule your consultation. or Visit Web Site
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