Wednesday, February 3, 2010

Divorce/Custody Implications of Facebook, MySpace and Texting

Technology has increasingly brought us more and more ways to express ourselves and communicate. However, these new forms of communication differ from the old way of verbal conversations in that there is a record forever of what you have posted or texted.

Increasingly I have had divorce and custody cases where at least one party presents text messages or Facebook and MySpace postings as evidence to support their allegations. This can include one party boasting about drug or alcohol abuse to making statements about how they will do anything to screw over the other party.

Parties usually say they were just joking and/or making things up, but rarely is that argument bought by a Judge. The usual result is that the party loses all credibility in the case.

Although these new tools of communication are wonderful for allowing us to stay in touch, you need to ask yourself before you post or text something whether you would be comfortable with a Judge or potential future employer reading it. If not, I would think twice before communicating in such a fashion.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

1 comment:

  1. i am invovled in a custody battle and due to bad drug habits in the past I temporarly need to be supervised as well as my ex husband. His sister has the children for now instead of CPS. But she has been posting comments about me regarding my case on facebook. Is there anything I can do? Like show the court the comments and discredit their character?

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