Social Media as Evidence in a Divorce or Custody Case – The Reape-Rickett Law Firm

In California family law courts, anything you post online becomes part of a written record that can be saved, subpoenaed, and shown in court as evidence. This includes stories, comments, and direct messages (DM)s, — even the posts you forgot you posted, and the ones you thought were private.
California family law courts focus heavily on the parties’ behavior, especially when custody issues are involved, so even a joke, a song lyric, or a sarcastic “I need a drink after this week” can be misunderstood in the wrong context. It’s important to remember, your audience isn’t just your followers. It’s your ex, their attorney, the judge, and even a custody evaluator.
Furthermore, your social media footprint, not just the posts you share, can be brought before the court. Meaning, if you’re tagged in a photo, or you appear in the background, it can still be used. For example, if your friend posts you at a bar the night before a custody exchange, that can absolutely be brought into court.
In reaction to this fact, clients will often ask “Can’t I just delete posts or comments?” Please don’t. Deleting posts after a case starts can look like you’re destroying evidence — and that can result in sanctions.
This all ties back to basic evidence rules and common sense. In a family law case, your digital footprint becomes part of the story the court sees about you: your judgment, your parenting, your lifestyle, your honesty. Social media can be helpful, too — photos of your time with your kids, school events, healthy routines can also be brought before the court to demonstrate your relationship with your children, but you need to think before you post.
If you’re going through a divorce or custody matter and want to avoid unnecessary problems, the best thing you can do is get legal advice early — and be intentional about what you share online. To ensure you have the guidance and support you need to avoid costly mistakes, consult with one of our experienced attorneys at The Reape-Rickett Law Firm by calling (888) 846-6166 or visit DivorceDigest.com.