How Your Social Media Activity Can Impact Divorce and Custody Cases in North Carolina – SeiferFlatow, PLLC


In today’s digital age, social media has become an integral part of our daily lives, allowing us to connect with friends, share experiences, and express ourselves online. However, if you’re in the middle of divorce proceedings or a custody case in North Carolina, your social media activity can have a significant impact on the outcome of your case. 

Let’s explore how your online presence can affect your divorce or custody case, and why it’s crucial to exercise caution when sharing on social media platforms.

Table of Contents

Social Media and Family Court Proceedings

One of the mistakes people make during a divorce or custody case is oversharing on social media, or sharing the wrong things on social media. Social media posts are generally admissible as evidence in North Carolina family court proceedings, meaning courts may consider posts from social media platforms as relevant evidence to support or refute claims made by either party. 

The court may consider social media activity when determining issues such as child custody, visitation rights, and spousal support, so it’s advisable to exercise caution and discretion when using social media during these sensitive legal proceedings. 

Evidence of Behavior

Social media posts can serve as valuable evidence of a party’s behavior, lifestyle, and activities during divorce proceedings. Posts depicting extravagant spending, partying, or questionable behavior can be used to challenge claims of financial hardship or responsible parenting, influencing court decisions on spousal support or custody.

Parenting Capacity

The standard for determining child custody in North Carolina is to the “best interests of the child.” Social media can provide insight into a parent’s parenting capacity and fitness, and courts may scrutinize a parent’s social media activity to assess their parenting style and decision-making abilities. Posts showcasing irresponsible or neglectful behavior, substance abuse, or disregard for the well-being of children can be detrimental to a parent’s custody case. Posts that depict a parent engaging in risky or inappropriate behavior can also raise concerns about their ability to provide a stable and nurturing environment for their children.

Character Assassination

Social media has the potential to become a platform for character assassination during custody battles. Negative or disparaging comments about a former spouse or co-parent can be used against you in court and may harm your credibility as a parent.

Exercise Caution on Social Media

Given the potential impact of social media on divorce and custody cases, it’s important to exercise caution when sharing online. To navigate the social media pitfall effectively, it’s important to review your social media profile privacy settings and avoid engaging in any behavior that could be misconstrued or used against you in court. Also, avoid posting content that could be misinterpreted, and refrain from discussing sensitive legal matters or disparaging your ex-spouse or co-parent on social media.

Remember, your online actions today can have lasting repercussions on your divorce or custody case tomorrow, so always think before you post.

At SeiferFlatow, our experienced family law attorneys understand the nuances of divorce and custody cases in North Carolina. We can provide you with sound legal advice and guidance to navigate the complexities of family law matters, including the impact of social media on your case. Don’t let your online presence jeopardize your legal rights, contact SeiferFlatow today for legal representation and advocacy.




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