Do you have a social media account like Facebook or Instagram or even a Tick Tock? Are you wondering how it could affect your custody or divorce case? My name is attorney Anthony Spratley I am the owner and founder of Genus Law Group here in Albuquerque, New Mexico. There is a term we like to call vague- booking and it’s basically when you mention something without directly mentioning it to gain sympathy from people online. The problem arises when you start vague booking about your ex during a divorce or custody case. It gets even messier if you have a no-contact order and you are vague booking about the other person that you should have no contact with.

Monitor what you and your friends post about you on social media 

 If you think you're going to get away with not communicating with them directly because that's what the order protection says but you are still posting on Facebook about it then that may come back to bite you later on down the road. I’m not saying you should stop using social media altogether, you're probably watching this on one of our social media platforms. I'm a proponent for it when used in the right ways. I have attorney friends that advise clients to stay off it all together during their custody or divorce case, and I'm not that kind of person because there's a purpose for it. If the other party is accusing you of not taking care of your children because you like to go out partying on the weekends when you should be taking care of your child, and there are pictures of you on Facebook partying on the weekend and not looking after your child that could come back to haunt you in your custody case. If your soon-to-be ex-spouse is on social media and you're talking negatively about them about how horrible of a mother or father they are, or if they are just making threats to the other parent on social media, that could be a problem. These bad instances of using social media could be used as evidence in court. It's easy for someone to press print, save it, take it to court, and use it as evidence against you.

Be careful with who you have following your social media accounts

 Just be safe when you're on social media and make sure that you're not posting anything negative and there's no negative information out there you might not want. Go through and sanitize your posts. It’s also a good idea to delete anyone you might believe is scoping out your page for incriminating information to report back to your ex. Ex's friends or your friends as well can continue to stalk your Facebook page or your Instagram or whatever and they'll report indirectly what you're doing to the other person that you have this ongoing battle with and before you know it they have a treasure trove of information regarding your case because you're still posting stuff. 


If you feel like your social media presence may be counterintuitive to your custody or divorce case and you are seeking legal help, call the skilled family law attorneys at Genus Law Group today. Don’t let something like a picture on Facebook make it so you cannot get the child custody you deserve or the divorce settlement you want. Our number is 1.505.317.4455. For more family law content check out the library section of our website or tune into our “Protect Your Success” podcast on Apple Podcasts. 

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond