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Can my ex take legal action to take down a Facebook page I setup and created for our son?

Joliet, IL |

My ex and I are going through a paternity case, I created a Facebook page when he was born to post pics so family members can see his growing progress and leave comments. His page is set to private so no one else can see his page other than family memebers. Now that we have split she is threatening to take legal action to have the page taken down and removed cause she hate facebook herself. The facebook page is under my name and only has he name displayed. She has contacted Facebook to have it taken down but they will not as it doesn't violate any rules as far as I know. She is just being difficult and wants to put up a fight. How should I handle this without worrying about going through the legal process?

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Attorney answers 3

Posted

I don't know of any laws that this violates. You should handle it by telling her that your actions are not illegal.

This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.

Posted

I have litigated this very issue in Will County several times. You will not be able to avoid court if your ex decides to file a motion. Consult with a lawyer and be prepared to go to court and respond if your son's mother remains adamant that the page should be taken down. There are arguments on both sides of this issue. If you have not yet attended mediation, suggest that you do so. Perhaps the 2 of you can come to come happy medium. If not, this could get expensive for both of you. Keep in mind that it's what is best for your son and should not be about either parent.

Andrea Medlock Harvey

Andrea Medlock Harvey

Posted

Not to miss the entire point but I think this is a TRUE example of parenting in the social media age. Facebook and other social media isn't just "out there." It's real and affecting families in a real way. Seems frivolous to go to court although at the same time it's a conversation worth having. I would not be surprised that very soon the legislature tries to get a handle on this. It's going to take some courage from some parent (on either side) to take the case further to see how the Supreme Court handles it. Thanks for your answer on this. It really sparked my "new age" legal flame.

Chen Kasher

Chen Kasher

Posted

I thought the custodial parent only made decisions like education, place of residence, et cetera? The custodial parent can also make decisions as to whether their child's pictures are on a private facebook page? This sounds pretty absurd, considering any third-party could probably take a child's picture and put it on a private facebook page (subject to privacy torts).

Judy A. Goldstein

Judy A. Goldstein

Posted

You are missing the point, counsel. FB presence some children could be harmful and/or not in the child's best interests. This is not an issue of major decision making but rather what is best - and safest - for the child. Courts and parents differ. Many attorneys are very concerned about putting personal information out in cyberspace when there is no way of knowing how it can or will be used.

Chen Kasher

Chen Kasher

Posted

Makes sense, thank you.

Posted

She CAN take legal action. This is an issue for the custodial parent to address. If you have joint custody, deal with it jointly (it sounds like you two cannot do that).

The better thing for you to do, here, is drop it to preserve the peace. If you want to "post pics so family members can see his growing progress and leave comments," do it on your own page.