Social Media: 3 Pictures to Never Post on Facebook – Children

Kids, Drugs, and Sex on Social Media: A Goldmine to Your Ex’s Attorney

Any family law case has a tendency to create a soap opera like atmosphere, but instead of the dead fiance coming back from the dead with the dirty secret, anyone can easily uncover dirty secrets you post on social media.  One of the most damaging forms of information found on social media are posted pictures and videos of kids, drugs, or sexual images.  Many cases which on their face seem stacked in one party’s favor have been won by a clever attorney who did a simple social media search on the other party.  There are many forms of information which may be found and used, but pictures and video can be the most harmful.

In this installment we will focus on pictures and videos of children.

Pictures and Videos of Children

Posting pictures and videos of your children may be something you give little thought, and most pictures and videos posted of children are harmless.  However, when you are in the midst of a custody battle, visitation dispute, or a divorce or dissolution involving children, pictures can speak more than words, and can be used to paint you in an unfavorable light.

Never post the following types of pictures or videos involving children:

1. Bathing or Naked

Yes, your children are adorable – but stop and think.  Do you want naked pictures of your children posted all over the internet?  Sexual predators and pedophiles search the internet for pictures of young children.  Even if you believe you are only sharing the pictures with your family, Facebook is not the appropriate place to post these pictures.   Once a pedophile finds and saves the image of your child it can then be shared anywhere on the internet.  So, from a safety standpoint, please stop and think.

2. At a Bar

You may think it is cute that the kids are at the bar hanging out with you, or that perhaps the bar you are at is a “family” bar or is “okay for kids.”  However, the judge may not see it that way.  For example, in a divorce a husband could claim the wife has a drinking problem and should not have custody.  Perhaps the wife does not drink, but on her Facebook page are photos of her and her children at a bar with pitchers of beer on the table in front of her.  Depending on the judge, the court may see this as enough evidence that further evaluation is needed.  Even though the wife may have nothing to hide, it needlessly makes the process more drawn out and burdensome, which also means more legal expenses.

3. Riding in a Car without Safety Restraints

If a video is posted of kids in a car with a parent and the kids are not properly restrained, this could be considered evidence of a parent’s inability to provide responsible care.  Even though you drive safely and “you know” that your kids are safe, always consider how your ex may construe the video.  Do not take pictures or videos while you are driving, in any situation it is just poor judgment and unsafe.

4. Holding a beer, cigarette (lit or unlit), or a joint

You may think it is hilarious when your child picks up your cigarette, beer, or joint – the judge will not.  Again, anything you would not want the judge, your ex, your ex’s attorney, your parents, ANYONE to see – DO NOT POST IT!  The judge will not view children as being a joke, or your poor parenting decisions as just a “my bad.”  Your ex’s attorney will most likely persuade the judge that you make consistent poor parenting decisions, and think your children are only there for your amusement.  Do not give the attorney pictures to help him persuade the judge.

5. In clothing with suggestive phrases, or depicting any sort of illegal behavior

If your child is wearing a shirt with curse words, pictures of illegal drugs, street names for illegal drugs, depictions of violence, pictures of weapons, or sexual words or depictions printed on it – DO NOT POST A PICTURE OF IT!  Even though you may believe you are helping your child exercise their freedom of speech, or your freedom of speech, the judge will not view it that way.  Again, any pictures of this nature will be construed as an example of your poor parenting decisions, and inability to parent the child.

6. Singing songs with suggestive or explicit lyrics

Yes, it is awesome your child knows all the words to the new pop or rap song, especially since it is your favorite artist.  However, if the lyrics your child are singing, or lyrics that are present anywhere in the song, are explicit in any way  – DO NOT POST THE VIDEO!  Your little girl singing about her “lovely lady lumps” will not be seen as cute by the judge, but as an example of a parent exposing a child to sexual material.  Even if your child is not saying the inappropriate language in the lyrics recorded in the video, but the language is contained in another part of the lyrics, the judge will assume the child has been exposed and has listened to the entire song.  The extent of the damage of this type of video really depends on the perception of the judge, but why risk it.

7. Saying their first curse words, or using any vulgar language

Again, this type of video, no matter how cute you may think it is, should never be posted.  The judge will not think it is cute.  If your child should not say it at school, do not take a video of them saying it and post on Facebook.

When posting on social media, whether it be Facebook, Instagram, Twitter, etc., if the answer to any of these questions is YES, do NOT post the picture or video.

1. Would you want to hide it from the judge?

2. Would you have to explain anything to the judge so it doesn’t make you look bad?

3. If your ex posted it, would you be able to make him/her look bad with it?

If you are facing a possible divorce/dissolution, post-decree, custody, child support, adoption, or any other family law issue, please contact me, Attorney Jamie Anderson, today to schedule your free in-office or telephone consultation at (937)879-9542.