Facebook Friend or Foe?

I've got 144 friends on my Facebook site!  Will you write on my wall?  Look at my cool pics from the Buffet concert with Jason!

Sounds innocent right?  Well, in the context of a family law case, it may be a good way to lose your case.  Whether you're fighting for the custody of your children, defending yourself against an unfounded allegation of adultery, or trying to prove your fitness as a potential adoptive parent, the perils of posting comments and photographs on social media websites such as Facebook and MySpace are many.  Although social media sites are a great way to stay in touch with family and friends, they also provide a goldmine of information that can be used in the courtroom to harm your case.

You may have given up your two-pack a day habit a year prior to your court date, but the ten photo's you posted on Facebook of you at social events and at home with a cigarette in your hand will not go over well with the judge who is deciding if your home is suitable for the return of your two and four-year-old children.  Likewise, you may be a responsible drinker now, but the fun pics of you stacking beer can pyramids at the Buffet concert will require some explaining.... 

But it's not just pictures that can sink a case.  The emotional and often angry written comments that people write on their social media sites in the heat of a family law dispute provided a skilled attorney with outstanding material to use in cross-examination.  For example:

Attorney:  Mr. Smith, you testified earlier that you have always cooperated with your former wife in permitting visitation with your two children, correct?

Mr. Smith:  Absolutely sir, I have never interfered with her right to visit with Stephen and Jane.  Wouldn't think of it!

Attorney:  Sir, isn't it true that you denied my client her scheduled visitation with the children for Thanksgiving this year?

Mr. Smith:  Well...I had transportation problems and then the kids got sick...we couldn't work it out this year...

Attorney:  Isn't it true that on November 25, 2009, at 2:34 p.m., you posted on your Facebook site, "The leach isn't getting the kids for turkey day this year!  That "broken fuel pump" excuse always does the trick!!  :}"

GAME OVER for Mr. Smith.

Being involved in a family law case is extemely stressful and emotional for clients.  The toll this takes on clients often affects their judgment when it comes to what is appropriate to post on social media sites.  The best way to avoid damaging your case with poor choice of words in a comment or a questionable photograph is to disable your site altogether.

If you have questions about a family law case, please contact me at 804-684-0760.