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The Law Offices of Matthew S. Schultz, P.C. | Divorce & Family Law
  • Home
  • Firm Overview
    • Matthew S. Schultz
  • Practice Areas
    • Family Law
    • Family Law Appeals
    • Child Custody And Visitation
    • Alimony / Spousal Support
    • High – Asset Divorce
    • High – Conflict Child Custody
    • Property And Debt Division
    • The Divorce Process
  • Testimonials
  • Resources
    • Articles
    • Family Law FAQ
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  5. You have the right to remain silent–on Facebook!

You have the right to remain silent–on Facebook!

On Behalf of Law Offices of Matthew S. Schultz, P.C. | Feb 24, 2017 | Divorce |

Any Arizona parent who has ever gone through a divorce can attest to the fact that the process is seldom easy and most always stressful in one way or another. Depending on how long you were married, it might feel like life as you know it has come to a complete halt and you are having to start all over again. Nowadays, the divorce process is a lot different in some aspects than it used to be.

For instance, advanced technology and the use of social media have added a whole new dimension to divorce litigation. Especially in situations where children are concerned, disagreements often erupt over whether a parent has the right post photos of children online if the other parent does not think it’s a good idea. And, what about Facebook? Did you know there have been cases where parents have lost custody in large part due to things they’d posted on their timelines?

Progress or added stress?

There are probably many things in your life that have become easier (and faster) with advancements in technology. Paying bills, ordering food from restaurants, researching a topic for a college essay and more now take a fraction of the time they once did, thanks to modern electronics. However, posting online during a divorce or custody battle can create the following complications:

  • Parents’ reputations are being harmed, and relationships with children compromised by public online posts that say negative things about them.
  • Parents have used photographs of vacationing co-parents as evidence that they were not with their children when they should have been.
  • Some judges have allowed parties to use Facebook posts as actual evidence against one another in child custody cases.

Not only can the use of social media create legal challenges when a particular issue is being litigated in court, but personal complications can also arise when one parent or former spouse blocks the other or tries to post things on the other’s page, etc. In addition, social media posts can adversely affect children if they become aware of their parents’ online squabbles.

Where to seek help for a Facebook problem

If you’ve been negatively affected by your former spouse’s Facebook postings or worry that something he or she has posted online is going to hurt your chances of obtaining custody of your child, you can discuss the matter with a skilled attorney to see what options are available to protect your rights and your child’s best interests.

The world of law is still evolving when it comes to regulations and court decisions regarding the internet. So far, most judges have made determinations on case-by-case bases. If you believe something online has caused scandal for you or your child, or you want to admit a particular post as evidence in court, you can certainly bring this to an Arizona family law attorney’s attention

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The Law Offices of Matthew S. Schultz, P.C. | Divorce & Family Law

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Tempe, AZ 85283
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