What Does Your Social Media Say About You in a Custody Case?

social media effects on custody cases

With most adults having profiles on at least one, and usually multiple, social media accounts, the likelihood of them remaining purely “social” is slim when you are involved in a lawsuit. This is especially true if you find yourself in a family court legal dispute, including a custody case. Here’s what you need to know about what your social media says about you when you go to court.

Are Social Media Posts Admissible in Court?

A big question is whether or not social media posts are admissible in court. The answer is yes. Though judges will generally try to arrange custody that includes both parents, that can change dramatically when one parent is unfit, or alienates a child, or fails to co-parent amicably. Social media posts can serve as a roadmap to show the court that the posting parent has negative qualities that impact their ability to properly parent a child.

Can You Use Social Media to Your Advantage?

Yes. While social media can work against you in your custody battle, it can also work in your favor. Some parents may leverage their accounts and posts to seek a favorable outcome at trial if their posts reveal they are able and willing to co-parent and refrain from activities that may tend to show them in a bad light.

Do’s And Don’ts

  • Do – Timely advise your attorney of any possible negative or harmful content in your social media history.
  • Do – Be mindful that anything you post or have posted may be provided to the other party through the discovery process, and then may be used against you at a trial.
  • Don’t – Post on your social media accounts during your custody case, as a general rule. It is especially important not to post negative things about your sprouse, your child’s other parent, or your case at all.
  • Don’t – Delete your posts or post history without discussing the matter with your attorney. Deleting posts could make you look like you are hiding things, and the post may be tretrievable anyway. Talk to your family court lawyer about the best way to handle prior negative or unflattering posts.

Custody cases can be reasonably amicable, or they can get downright dirty. Your prior social media history could very well impact your case. To give you the best chance to come out on top, keep your social media out of the custody fray. And get a reliable legal team on your side. Contact the experienced family law attorneys at McCutchen and McLean LLC for the guidance and support you need for your custody case.

Everything You Need to Know About Trusts

facts about trusts

Are you familiar with trusts and what they can offer your family and loved ones? Unfortunately, many people only consider a will and don’t spend time on asset management with specific timelines and distribution instructions. We’re here to help with everything you need to know about trusts.

What is a Trust?

A trust is an arrangement through the legal system that creates a fiduciary responsibility where a trustee manages an individual’s assets to benefit the individual’s beneficiaries. In other words, a trust is an agreement that spells out how a person wants their assets distributed, when, and to whom.

What are the Benefits of a Trust?

There are different types of trusts, but they share many of the same benefits. These include:

  • Avoiding probate so beneficiaries can receive assets without waiting for the court process, and fees
  • Potential to avoid taxes if set up as an irrevocable trust
  • Wealth control on your terms to designate beneficiaries and timelines for your asset distribution
  • Protecting your heirs from creditors
  • Protecting your estate from mismanagement
  • Privacy for your records instead of public record as with probate

How a Lawyer Can Help with Trust Administration

A trust requires an administrator. It’s tempting to assign a family member or close friend, however, it’s advisable to find an objective third party. In most cases, an attorney is the best choice to help the trustee implement the plan.

If trusts still seem confusing or you’re unsure where to turn for more information, go to a reliable source. Contact the legal team at McCutchen McLean, LLC to find out more about trusts and how they can help you plan for the future of your estate.



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