We live in a digital age. It’s almost impossible to function today without a smart phone, laptop, tablet, or other device that connects us to the world wide web. We do everything online, from applying for jobs to communicating with family members to scheduling doctors’ appointments. Social media has become a part of everyday life for many people. For some, it’s a means of keeping up with family and friends. For individuals in some career fields, social media may play an essential role in their job.

For many people, social media can be a fun and fulfilling addition to their everyday lives. However, it can sometimes become the source of personal and professional difficulties. In the case of a child custody battle, online activity can be used against one party to demonstrate that they are not a fit parent. If one parent attempts to take this route, having an experienced attorney in your corner is vital.

What Social Media Can Be Introduced in a Custody Battle in Indiana?

Social media covers a broad array of websites and apps. It can be used for professional networking, connecting with family and friends, or sharing an individual’s thoughts and ideas with the world. Some social media takes the form of video sharing sites or message boards. Popular social media platforms include:

  • TikTok
  • X (Formerly Twitter)
  • Bluesky
  • Facebook
  • Instagram
  • YouTube
  • Reddit
  • LinkedIn
  • Threads
  • Discord

Many social media platforms restrict viewing access to certain people. In other cases, individuals may choose to set their profile to “public.” Regardless of whether a profile is set to public, if someone can legally access a profile, information found there can be shared with an attorney. For example, if a person has restricted access to their Facebook profile to friends and family, one of those friends or family members can share content they deem inappropriate with an attorney.

Another critical factor to consider is anonymity. Some websites like YouTube or Discord allow individuals to post under usernames. These usernames can generally be used to maintain a degree of anonymity. However, using the same username across multiple sites can make it easy to identify an individual. This is particularly true if the username is linked to or uses elements of an email address linked to a particular person.

What Kind of Online Content Can Be Introduced in a Custody Battle in Indiana?

Anything someone posts to their social media can be introduced in court. This can be potentially harmful if someone is not cautious about what they have posted. An individual can use another person’s social media in court to paint a picture of them as an irresponsible parent. Posts, comments, photos, and videos can all be introduced in court. Content that may be damaging includes but is not necessarily limited to:

  • Disparaging Remarks About the Other Parent
  • False Accusations Against the Other Parent
  • Photos, Videos, or Admissions of Dangerous or Illegal Activity
  • Photos, Videos, or Admissions of Excessive Alcohol Use
  • Admissions of Activity that Placed the Child(ren) in Danger

It’s important to remember social media content that may seem benign under normal circumstances can be used to paint a damaging picture in a custody battle. For example, an individual may post multiple photos of firearms to display a gun collection. In a custody battle, someone could use these photos to make accusations of creating a potentially dangerous environment for a child. If someone is prone to making angry posts or statements, someone could use these to accuse the individual of being angry and volatile.

If you have not engaged in any questionable online activity but your former partner has, this can benefit you. It is a valid custody strategy to introduce a former partner’s online behavior in court if it demonstrates they may potentially endanger your child’s safety or welfare. This is why monitoring your former partner’s web activity can be just as vital as it is to moderate your own.

Should I Change My Online Behavior in a Child Custody Battle in Indiana?

If someone is going through a custody battle, it may be advisable to delete, restrict, or modify online behavior. Remember, anything posted online can be introduced in court. Even if the other party does not have direct access, if they have a friend or family member who can obtain photos, posts, tweets, or other online content, it can be introduced in court. Even if someone believes they are posting anonymously, an experienced lawyer will be able to have a web expert prove who produced the content.

If someone is going through a custody battle, they need to consider:

  • Restricting Access to Your Account
  • Deleting Old Online Content Which May be Deemed Questionable
  • Deleting Certain Social Media Accounts
  • Restricting Social Media Use Overall
  • Only Posting Positive or Benign Content
  • Refraining From Talking about the Divorce, Children, and Other Partner

It is important to note some social media websites archive their data. This means even if it is deleted, it is possible for someone well versed in the internet to retrieve old posts and photos. It is also important to remember someone may have already saved posts or pictures before you delete them or make your account private.

Especially if your former partner is the one who filed for divorce, they may have already saved potentially damaging information. This is why, if you are going through a custody battle and believe your online behavior may be used against you, it’s vital to have an experienced attorney on your side.

What Should I Do If I Think My Online Behavior May Be Used Against Me in a Custody Battle in Indiana?

Most people don’t consider the potential impact on child custody when they publish content online. This means a post that may have seemed benign at the time could become a vital piece of evidence in a custody battle. If you or a loved one are going through a divorce and believe online behavior may be introduced in court, don’t hesitate to contact the attorneys of Deidra N. Haynes LLC, located at 9785 Crosspoint Blvd, Suite 104, Indianapolis, Indiana 46256.

Deidra N. Haynes has used and worked with the internet since the beginning of her practice. She knows what kinds of posts and behavior can be introduced in a custody battle. She can help protect you if your online behavior is being used against you. If your former partner has posted questionable content online, she can help collect it and introduce it in court.

Many people “live online.” This means they need to think about the kind of content they post. In most cases, it will not have an impact on their daily life. In the event of a child custody battle, it can be vital. If you or a loved one are going through a custody dispute and online activity is being introduced in court, contact Deidra N. Haynes right away at 317-785-1832 or email her for a case evaluation.