why does a custody lawyer want a facebook account?

Should you delete your Facebook account during divorce or custody proceedings?

But note, as your Facebook account can be discovery in litigation, do not delete your Facebook or other social media pages prior to consulting with an attorney! Doing so could result in sanctions for destroying evidence. Additional Reading: Should You Delete Your Social Media Accounts During Divorce or Custody Proceedings?

Can a Facebook friend request lead to a divorce?

Adultery is one of the most common grounds for divorce. If you are in the midst of a divorce, and the grounds for the divorce is adultery, then it is more likely than not that a Facebook Friend Request to you or your spouse may have sparked the demise of your marriage.

Can my Facebook page be used as evidence in a divorce?

Presuming that these studies are accurate, your Facebook page—along with Tumblr®, Twitter®, Instagram®, and countless other social media sites— could be one of the most powerful forms of evidence to be used against you during your divorce case. Indeed, the evidentiary effects of social media have been discussed on the JGL Blog.

Should I Delete my social media accounts during my criminal case?

But again, always consult an attorney before deleting your social media accounts! Doing so improperly can result in being accused of spoliating evidence. If you decide to deactivate your account, you have the ability to temporarily leave your account and then return to it when your case has concluded.

Can Facebook information be used in court?

Can those comments be used in court? Whether it's Facebook posts and comments, Instagram pictures, Twitter tweets or YouTube videos, the short answer is yes: both public and private social media content can be admissible in litigation.

Can lawyers get your Facebook messages?

Yes, we can subpoena information from Facebook and other applications where the information is stored. Or, we can compel releases in order to obtain this information.

Can my Facebook Journal be used in court custody cases?

In short, the answer to the question of “can Facebook posts be used in custody cases?” is “yes.” If you're badmouthing the other parent on social media, making statements in jest that you don't want to be around your kids, or posting pictures of your kids with someone that they shouldn't be around, you may find that ...

Can you lose custody over Facebook?

#1 Facebook Findings Most parents never consider that what they post on Facebook might cause them to lose custody of their children. This is especially true of parents who are careful to never publish negative statements online. But posts don't have to be negative to affect a ruling.

What does FB mean in court?

1. FB. Full Bench. Jurisprudence, Court, Bench.

Can lawyers get Deleted Facebook messages?

Federal law does not allow private parties to obtain the content of communications (example: messages, timeline posts, photos) using subpoenas.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

Can a Facebook post be used in a court of law?

The answer to that is yes. They can be used to 'back up' anything you are trying to prove. So in non molestation order proceedings (i.e injunctions) they can be used to prove that someone has been abusive or threatening or to disprove such allegations.

Can personal diaries be subpoenaed?

For her diary in her possession you do a discovery demand for the production of documents. The diary is a document, she would have to provide it to you or you ask the court to compel her to provide you a copy. There is no one to subpoena for it if it is in her possession.

Can a judge look at social media?

Contrary to popular belief, it is legal to use communications garnered from social media sites as evidence. Judge Michael Corriero explains that “the prohibition against using illegally obtained evidence applies primarily, essentially solely, to law enforcement.

Can social media affect child custody?

Why you should avoid posting on social media during a child custody matter. Even vague comments may end up being questioned and can come back to haunt you and undercut your visitation, or result in a shift that can cause you to lose custody.

Can you lose custody for having an OnlyFans account?

Unless your ex can demonstrate a link between your OnlyFans account and your children, then it shouldn't have any bearing on parenting time or parenting responsibilities...

What You Should Avoid Sharing on Social Media During a Custody Case

The judge in your case and your spouse have the right to use what you've said on Facebook, Twitter, or other social media websites against you in court. That's why you should avoid posting certain things online. Some other things you should avoid posting on social media can include:

How Social Media Can Affect Your Custody Case

Social media posts could significantly impact the court's decision on child custody matters. All it takes is one little post on any of your social media accounts to sway the court in your prior spouse's favor. If you want to be extra careful, then it's best not to post anything at all until the entire process is completed.

Need a Lawyer? Call the Law Offices of Daniel J. Miller!

There are plenty of other things you should avoid sharing or talking about on your social media. If you have any doubts about whether your social media presence could affect your child custody case, do not hesitate to contact one of our lawyers at The Law Offices of Daniel J. Miller.