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Can I use Facebook as evidence in my child custody case? I already have ex parte custody.

Lake Charles, LA |

Specifically, can I use inappropriate photos and posts shared by my ex? Photos include alcohol use, drinking while driving, nudity, etc., and the kids have access to her social media pages and have seen these photos (and even appear in some of them). Posts include references to suicide, being bipolar and off her meds, being near eviction for failure to pay rent, being in danger of having utilities shut off for failure to pay, threats to physically assault others, degrading and negative comments about me and my wife, and again, the kids have access to all of this. I have this content printed out, but I got it through my children as I do not have access to her social media pages. Is it admissible in court?

Attorney Answers 3

Posted

Facebook posts can be admissible in a custody case if they are relevant to the issues before the court, but you will need to discuss with your attorney the steps required to lay a foundation for having them admitted into evidence.

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Posted

Thank you for the fast reply! May I ask what those steps are for having this info admitted into evidence? I'm representing myself, and so is the mother. I'm admittedly nervous about not having representation but I cannot afford a lawyer - then again, neither can she. I want to be sure I do everything as correctly as I can, and I am definitely a layman, so can you describe what steps I need to follow in layman's terms? Thank you in advance for your help!

Posted

Yes, I have two custody cases right now where facebook is playing a big role. In fact, in all cases anymore, the first thing I do is check facebook. Get an attorney ready. You need to know how to present the evidence.

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Posted

Facebook post can be used subject to the rules of evidence. You will need to discuss with your attorney what those rules are and how to properly introduce this evidence. Most of what you mentioned has to do with the mother. A custody case is about the children, not the parent. The court considers the best interest of the children, and is not necessarily focused on the condition of the parent unless it has a direct impact on the children.

Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.

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