Parties’ improper use of social media during pending family law litigation can have detrimental effects that impact custody, child support, and alimony outcomes. As but one example, recent social media posts made by Kanye West criticizing his ex-wife Kim Kardashian have generated not only media attention. Still, they will likely be admissible evidence in the former couple’s pending divorce and child custody proceedings.
While social media has many benefits, parties in family law cases need to exercise caution related to comments or posts involving their pending lawsuit, given the ability of attorneys, parties, and judges to use this information as evidence.
How Social Media Posts May be Used as Evidence in Pending Family Law Litigation
Most relevant evidence is admissible. Therefore, social media posts may be introduced as evidence in a pending family law matter if it is relevant. The evidence must also be authenticated to be relevant. This means the evidence is “sufficient to support a finding that the matter in question is what its proponent claims.” Texas courts have routinely admitted screenshots of social media posts into evidence and considered their content when rendering decisions in family law matters.
How to Properly Use Social Media During Pending Litigation
Anyone involved in pending family law litigation should consider the implications of the content before posting it on social media. Below are our recommendations regarding social media posts during pending family law litigation.
1. Never share private information regarding your case on social media.
2. Never discuss issues or rulings made in your pending family law case on social media.
3. Never disparage the opposing party’s character on social media.
Needless to say, Kanye West has not followed these recommendations. He has continued to share details about the divorce and child custody dispute on social media, including his issues with parenting with Kim about their daughter’s use of TikTok, his issues with the court proceedings, and his issues with Kim dating other people. Posting about the opposing party in your pending dispute may be used as evidence (against you) and could also implicate other civil laws related to communicating false messages.
Anyone wondering if a social media post is permissible or how to preserve a social media post for use during pending litigation should consult with a lawyer who has had the opportunity to consider all facts involved in their specific case.
Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family. You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.
Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in Family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal. As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.
Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2021, and recently The National Advocates recognized Rob as one of the Top 40 Under 40. He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com. Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.
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