10 Times a Social Media Post or Text Changed the Outcome of a Divorce or Custody Case

Social media is a wonderful way to stay connected with family and friends. You may love posting pictures and updates about your family, including snapshots of your latest vacation to Hawaii and your teen’s baseball tournament.

However, social media can be dangerous if you are not careful, especially during a divorce or child custody battle. When times are stressful, such as when you are in the middle of the divorce or custody process, you might wish to turn to the masses and talk about your experience.

What starts as a simple venting session could turn into a nightmare for your case. Your social media accounts can provide evidence that could benefit your case or tear it apart.

This blog will provide a closer look at what not to text or post on social media during a divorce or custody case.

Female divorce client at Clearwater Law Group reads an angry text from her soon-to-be ex, which she will screen shot, to be used in her case against them.

10 Times a Social Media Post or Text Changed How a Divorce or Custody Case Turned Out

Any social media post or text you make can change the outcome of your divorce or custody case. Here are some examples:

#1: Financial Wins

Did you just pay off your student loans? Perhaps, you received a bonus at work. Updating your financial status online can spell issues for your divorce or custody case.

Your spouse may petition for a higher amount of spousal maintenance (alimony) or child support if you have kids together. It is not usually one of the reasons to modify child custody. However, it can make a difference in your divorce.

#2: Divorce Updates

Often, when divorcees post online, they do not tend to speak well of the former partner. Instead of providing regular updates about your divorce to your friends and family on a public forum, keep it between you and your ex.

Saying anything ill about your partner online can affect what you and your partner are entitled to during the divorce and much more. (Always get a good divorce attorney in your corner.)

#3: Random Posts Related to Your Kids

The court does not want children to be used as a bargaining chip. At the same time, they do not want them in harm’s way. Social media posts can be misinterpreted easily, especially if you are fighting for child custody.

Your partner could claim that you are not taking care of the children by letting them go outside without a jacket, for instance, if you snap a picture of them right when they get out of the car. That could cause the judge to rethink the custody agreement.

#4: New Love Life

Did your ex uncover a text between you and another person while you were still married? Remember that your ex may receive copies of your phone records during a divorce as well.

Whether you choose to keep your love life in text messages or publicize it on social media for the world to see, everything you write may be considered evidence in your divorce or custody case.

It can be argued that you were unfaithful and are not entitled to certain assets, or you are not acting in the children’s best interests by spending too much time with a new partner instead of with them.

#5: Weekend Activities

If you plan to have a relaxing weekend, that is fine. However, you will not want to post pictures of those drinks you finished off or anything else that could make you look like you spent the weekend partying.

One of the things judges look for in child custody cases is responsible parenting. If you spend the weekend blowing up your social media profiles with fun pictures, the judge may reconsider the parenting plan arrangement. (Need a divorce attorney who can help with your child custody case? Contact Clearwater Law Group here.)

#6: Achievements

Even if you are excited about a new promotion at work, it is best to leave it off of social media. You may use achievements such as that to renew your confidence during a stressful divorce or custody battle.

However, success can be misinterpreted. Your former partner may eventually find out about it and ask for more, out of jealousy or anger that you are doing fine without them.

#7: After-Hours Events

You might meet up for drinks after work with your friends from time to time. This might feel harmless. However, if you are tagged in any pictures, or if you post about it yourself, it could look as if you are neglecting your kids or trying to avoid time with them.

That could make it harder to get custody. Waiting to post pictures until after the divorce or parenting plan is finalized can help you avoid issues.

#8: Harassment

You might be concerned that your partner has not shown up to get the kids. However, sending your ex multiple texts or commenting on their social posts trying to figure out where they are can do more harm than good.

It can come off as harassment, which can lead to problems with your divorce or child custody case. It may also lead to criminal charges if you are not careful.

#9: Expensive Purchases

Even if you need a new car because your old car is having problems and not allowing you to get to work, posting about it online can lead to trouble. It can bring back the question of your income and affect the total amount of child support or spousal maintenance owed (if any).

Your former partner might also claim that you are not using your money the right way, and they deserve it. That could cost you money and precious hours in court that you might not have.

#10: Complaints About Caring for the Kids

Even if you say it as a joke, making a social media post or sending your ex a text that you wish you did not have to take care of the kids tonight could cost you primary custody.

Not only can it provide insight into your parenting abilities, but it also suggests that you are not a fit person to care for the kids. One of the best approaches on how to win a custody modification case is to stay offline.

Stay out of the public eye.

Divorces and child custody cases can get messy. Even if you are tempted to post online or send messages to your ex, remember that everything you write or put online can be used against you in court. Playing it safe by staying away from posting on social media is the best way to minimize its impact on your case.


There is no place for incriminating texts or social media posts during a divorce or custody case. However, if they are already present, you cannot go back. The best course of action is to hire an attorney to help get things back in your favor.

Looking for a new child custody or divorce attorney? Clearwater Law Group can walk you through all the steps of your case and help you get through this. Contact us now for a complimentary consultation.