If you have a pending family law case, or are expecting to be involved in one soon, especially if it involves child custody, you need to take a very close look at your Facebook and Twitter accounts, as well as any photo sharing accounts you might have. Assume that the other side in the case is going to find those accounts, is going to go through them with a fine-toothed comb, and is going to try to use against you anything that can in any way be made in any way to look bad for you.
I had a case several months ago in which my client made a comment on Facebook that, could be taken several ways, one of which was that he and his friend were going to remove valuable parts from a boat that was going to be turned over to his ex wife. The court read the comment in the way most damaging to my client and ruled that he had damaged the asset.
In another case, on my client's Facebook page there there were some photographs taken at a party that were not exactly flattering to my client. Fortunately, I was able to keep them from being admitted based on the date on which they were taken and other evidence-law grounds.
On more than one occasion, in custody cases, I have found pictures of the opposing party and the children posted on line in which the other parent appeared to be drunk and in which there were beer or liquor bottles in the same frame as the children.
And, even if the pictures are posted to a password protected account for your friends and family only, don't assume that your ex or soon to be hasn't guessed or stolen or cracked your password.
It may be that in your social circle it is fashionable to post pictures of yourself drunk or drinking or groping each other or otherwise "horsing around" on camera. It is not my place to comment on that. However, it is my place to advise you that, if you have a family law case, you should look very critically at everything you have posted on line from the viewpoint of a fifty year old Family Court Judge who is charged by law with protecting the best interests of the children. If in doubt, take it out.
