Sharing photos of yourself and your child is common. During a divorce, however, you might worry that these posts could affect the outcome of your case. Familiarizing yourself with the process can help ease your anxiety about the matter.
Standards that guide custody decisions
Virginia courts apply the best interests factors set out in state law, so your online activity may become relevant when it reflects how you parent. Those include:
- Your relationship with your child and involvement in daily care
- Your ability to assess and meet your child’s emotional, intellectual and physical needs
- Your support for your child’s bond with the other parent
- Your cooperation in resolving parenting disputes
During custody proceedings, even a seemingly harmless photograph or casual remark can draw scrutiny if it conflicts with your statements about your parenting or finances. Recognizing which types of digital content commonly become points of dispute allows you to make more deliberate choices about what you share.
Posts that raise concerns
A judge may examine online material more closely when it suggests a risk to your child’s safety or difficulty working with the other parent. Examples include:
- Unsafe conduct, such as reckless driving while the child is present or leaving them without appropriate supervision
- Substance misuse, such as apparent intoxication while providing care or illegal drug use
- Threats or hostile messages directed at the other parent
- Disparaging comments about the other parent or people important to the child
- Disclosures of the child’s location, medical documents or other private details
That information does not have to come from your own account. Tags, comments on another person’s page and material shared by friends or relatives may also surface during the case.
Steps that limit online risks
Because online material can become evidence, a pending custody case calls for restraint in what you share. Responding to provocation may leave a record of comments made in anger, while photographs, location details and school records can expose parts of your child’s private life. Keeping those exchanges and details private limits the chance that they become part of the dispute.
Existing content requires a different approach. When you know a post may be relevant to the custody dispute, deleting or changing it can lead to a claim that you failed to preserve evidence. Keeping the original intact allows your attorney to evaluate the material and advise you how to address any privacy concern without altering the record.