How Social Media Can Impact Your San Jose Divorce or Child Custody Case

People often don’t think twice about posting information about themselves or their lives on social media. However, as evidenced by celebrities, sports figures, and other famous people, posting in anger or sharing too much information can come back to haunt you.

If you are going through a divorce or child custody dispute in San Jose, your posts can have serious consequences. Our experienced San Jose family lawyer explains how simply sharing a photo or a random update to friends and family can be used as evidence in Santa Clara Family Court proceedings.

How Social Media Posts Become Evidence in San Jose Family Court

Social media content, including posts, photos, and direct messages, provides evidence in both divorce and child custody cases in San Jose. Once something is shared online, you have very little control over where it ends up.

In the Santa Clara Family Court, social media evidence may challenge key facts about your case, such as:

• The amount of marital property and assets at stake in a San Jose divorce.
• Any income listed (or not listed) on financial disclosures.
• Allegations of affairs or other marital misconduct.
• Negative statements about the other party or their parenting skills in child custody cases.
• Each party’s parental judgment and ability to provide for their child.
• A party’s whereabouts or activities that contradict testimony given in court
• The lifestyle or behavior of a parent seeking primary custody.

Under Section 1552 of the California Code, electronically stored information, including social media content, is presumed to be authentic when it accurately reflects what was stored. That means a screenshot or archived post can carry real weight before a judge.

Going Through a Divorce or Child Custody Proceedings In San Jose? What To Avoid Online

If you are going through a divorce or child custody proceedings in San Jose, even posts that seem unrelated may be taken out of context and used against you. In general, we recommend temporarily suspending social media use until your case resolves. If this isn’t practical, restrict privacy settings and avoid the following:

• Posting photos of expensive purchases, vacations, or nights out during a support dispute.
• Allowing friends to tag you in posts or photos without your knowledge.
• Sharing negative comments about your spouse or co-parent, even vaguely.
• Checking in at locations that contradict statements made to the court.
• Assuming that private accounts or deleted posts are permanently out of reach.

In addition to limiting social media posts, avoid discussing details about yourself, your case, or your legal strategy in any messages or online forums.

Dealing with Divorce or Child Custody Disputes? Consult Our Experienced San Jose Family Lawyer

Social media activity can provide valuable evidence in Santa Clara County divorce and child custody cases. At Argyris Mah, LLP, our San Jose family lawyer provides trusted, experienced legal guidance to protect your rights from the start.

To prevent online activity or other evidence from being used against you, call our office today and request a consultation.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1552