Divorce and child custody disputes can be emotionally difficult, and it is not unusual for parents to express frustration through text messages, social media posts, or private conversations. However, communications that seem harmless in the moment can become important evidence in a Louisiana child custody case.
Text messages, social media posts, emails, and other electronic communications can potentially be used as evidence in Louisiana custody proceedings. Whether they are admissible and how much weight a court gives them depends on their relevance, authenticity, and the circumstances surrounding the communication.
How Can Social Media Affect a Child Custody Decision?
Louisiana courts make custody decisions based on the best interests of the child. Under Louisiana Civil Code Article 134, judges consider several factors when determining what custody arrangement is appropriate.
A parent’s online behavior may become relevant when it raises questions about judgment, stability, parenting responsibilities, or willingness to support the child’s relationship with the other parent.
For example, social media content could become an issue when a parent:
- Makes threats or hostile statements about the other parent.
- Publicly discusses sensitive information about the child.
- Posts photographs or videos suggesting unsafe behavior around children.
- Makes statements that contradict testimony or claims made in court.
- Uses social media to harass or intimidate the other parent.
A single photograph or angry message does not automatically determine custody. Courts must consider the broader circumstances and the child’s best interests.
Can Private Text Messages Be Used as Evidence?
Yes. A message does not necessarily become inadmissible simply because it was intended to be private.
Text messages between parents can help establish communication patterns, document disagreements, or demonstrate whether one parent has attempted to interfere with the other’s parenting time.
For example, messages showing repeated refusals to comply with a custody arrangement may be relevant. So might communications showing that a parent has tried to cooperate and resolve disagreements.
However, electronic evidence generally must be properly authenticated. Louisiana Code of Evidence Article 901 addresses the requirement to establish that evidence is what its proponent claims it to be.
The court may also consider whether messages have been taken out of context or whether the evidence was obtained unlawfully.
What About Deleted Messages or Posts?
Deleting a message does not necessarily eliminate it. The other person may have screenshots, saved conversations, or copies stored elsewhere.
Deleting potentially relevant material after litigation is anticipated can also create additional legal problems, including disputes over the destruction of evidence.
Parents involved in custody litigation should discuss preservation of electronic communications with their attorney rather than attempting to erase potentially damaging information.
How Should Parents Handle Social Media During a Custody Dispute?
A sensible approach is to assume that anything posted online could eventually be examined during litigation.
Avoid discussing the custody dispute publicly, criticizing the other parent online, or sharing information that could compromise a child’s privacy.
It is also important to communicate respectfully when discussing parenting schedules, school decisions, medical care, and other issues involving children.
Common Questions
Yes. Relevant social media content may be considered if it meets applicable evidentiary requirements. The importance of a particular post depends on its relationship to the child’s best interests.
Potentially. Screenshots may be admissible if they can be properly authenticated and satisfy other evidentiary rules. Their accuracy and completeness can also be challenged.
Yes. An expectation of privacy does not automatically prevent a message from being introduced in court, although how the message was obtained may raise separate legal issues.
Not without discussing the decision with your attorney. Deleting accounts or content could create evidence-preservation concerns.
Discuss Your Louisiana Child Custody Concerns With Veazey Felder
Electronic communications can provide important evidence in custody litigation, but they rarely tell the entire story. Understanding how a court may interpret these communications requires examining the facts, the surrounding circumstances, and the child’s best interests.
The attorneys at Veazey Felder help Louisiana parents navigate difficult family law disputes and work toward arrangements that protect their children’s well-being. Contact the firm to discuss your situation.