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Could social media derail your child custody case?

Preparing for a custody battle is one of the most stressful things that many Colorado residents will ever experience. A great deal of that stress comes from fear of the unknown. Will your ex play fair, or will your case quickly turn into a battleground? Will the court be able to see through various tactics employed by the other side and recognize your fitness as a parent? When considering these and other child custody matters, it is important to take a proactive stance whenever possible.

One area in which parents can be proactive involves social media. It is important for all parties to understand that the opposing side will make an in-depth review of all existing social media accounts. It is equally important to understand that the courts are open to hearing testimony and reviewing evidence that originates from Facebook and other online platforms. Anyone who is in the early stages of a custody matter should begin by making their own review of social media usage.

Parents should go over their social media accounts with a fine-tooth comb, looking for any information or photos that do not present one in his or her best light. Anything that could be viewed as inflammatory or negative should be removed. This includes posts or photos that are on other people's profiles. In most cases, people will remove content that could be damaging, especially if the request is made in a polite manner.

Once all social media accounts have been cleared of negative information, the next step is to avoid adding anything new that could be misinterpreted or used against you in court. For some Colorado residents, this means taking a long-term break from the online realm, at least until the child custody matter has been resolved. By taking a proactive approach, parents can help ensure that their social media account content is not brought into their child custody case.

Source: abcactionnews.com, "Social media a potent tool for divorce lawyers tracking down deadbeat parents, others", Sarina Fazan, Oct. 22, 2015

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Brandon Ceglian

Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

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