When it comes to social media and children, parents should be careful. While many parents believe that posting photos of their kids online for friends and family is harmless, it can have unforeseen consequences – including adverse effects on child safety, data privacy, parental rights and child custody. Here’s what you need to know to protect yourself and your children in the age of social media.
Should Parents Post Photos of Their Children Online?
It is a parent’s prerogative whether or not to post photos of his or her children online. A parent or legal guardian has the right to use images that they own in any way they see fit, including posting photographs of kids on social media sites such as Facebook and Instagram. However, it’s important for parents to consider the related data, privacy and safety risks.
What may seem like an innocent way to share moments and memories with others can put your family at risk of privacy violations or even more serious crimes. Major technology companies such as Meta and Google collect enormous amounts of personal information from social media use and internet activity. They often share this data with advertisers, marketers, law enforcement and government agencies.
Tech giants aren’t always as careful as they should be with how they store and share user information. This leads to potential data leaks and breaches of privacy that can make it possible for hackers and fraudsters to exploit photos of your child – and the personal information that is automatically embedded in digital photographs – to commit crimes such as identity theft.
Can Social Media Photos Be Used in a Child Custody Case?
Another reason to hesitate before posting photos of your child on social media is the potential threat to your parental rights. Many parents don’t realize that what they post on social media can be admissible as evidence during a family law case, such as a divorce or child custody battle. If your ex-spouse’s attorney can convince the courts that your social media activity is relevant to the matter at hand, it can be admitted as evidence against you.
Depending on the circ*mstances, photos that you post of your kids can result in a less favorable custody arrangement than what you wanted. Almost anything you post can be twisted around and used against you. For example, if you posted a photo of your child with your new partner, your ex could argue that you’re introducing your kids to new and strange people who could pose a threat to their physical or emotional well-being.
Another example is if you post about how difficult your kids are to handle, even if you did so in jest or sarcastically, this could be used against you to show that you are a reluctant parent. The best way to protect your parental rights during a custody case is by staying off of social media altogether.
Should People Post Photos of Other Children Online Without Parental Consent?
No. While parents have the legal right to post photos of their children online, this right is not automatically extended to others. Before a nonparent shares a photo of a minor online, he or she should get the permission of the parent or legal guardian. This can help the individual avoid legal trouble, such as being sued for privacy infringements or held liable for any adverse effects suffered by the child or family because of the photo.
Can My Ex Force Me to Stop Posting Photos of Our Children?
This is a gray area of the law without a clear-cut answer. Social media and the issues surrounding it are relatively new for family courts. Currently, no law in California specifically addresses this question. It is up to a judge to decide on a case-by-case basis. In general, if there is proof that actual harm is being done or that the child is in danger as a result of the photos being posted, your ex could prevail in stopping you from posting. Otherwise, it is unlikely that the courts would ban you from publishing photos of your own children online.
For legal advice about your specific situation, contact an trusted San Diego child custody attorneyto request a confidential consultation.
FAQs
1. Social Media as Evidence. Courts may consider social media posts as evidence in custody cases. Anything you post online can potentially be used to assess your character, behavior, and parenting abilities.
Can you lose custody for bad mouthing the other parent on social media? ›
Disrespecting the Other Parent
Many wonder, “Can you lose custody for bad-mouthing the other parent?” The answer is yes.
Can OnlyFans be used against you in custody battle? ›
In 2023, the family court awarded shared legal and physical custody of Child. At the hearing, the judge found there was no evidence that OnlyFans activity caused Child any harm, and ruled that the court was not permitted to “judge a parent's private adult behavior outside the presence of the child”.
Can I stop my ex from posting pictures of your child on social media? ›
Unfortunately, without a court order expressly regulating this, each parent would have the right to consent independently of the other. If the other parent is consenting to the pictures being posted, there may not be a remedy except to ask for a court to issue a ruling on this going forward.
Do social media posts hold up in court? ›
Social media evidence is generally admissible in California, but there are ways to challenge its use as evidence. Moreover, it is generally not necessary to subpoena the social media platform to authenticate a post.
Can social media comments be used in court? ›
Both public and private information on a social media account may be admissible. Admissibility of evidence depends on several factors, including the relevance of the evidence to the case at hand and its authenticity. To be admissible in court, social media evidence must first be authenticated directly.
What not to say during a custody battle? ›
Avoid cursing and putting down the other parent, your children, in-laws, and other family members, the mediator, the judge, and others involved in the process. That can be tricky when sensitive topics, such as substance abuse, are at play.
What is an example of co-parent harassment? ›
Some signs of co-parent harassment include:
- Repeated calls, texts, and emails.
- Verbal abuse or degrading language.
- Intentionally causing emotional distress.
- Acting violent aggressive.
- Threatening behavior.
- Recuring close screaming.
- Incessant criticism.
- Extreme control.
Malicious Parent Syndrome refers to situations in which a divorced or divorcing parent deliberately aims to harm the other parent. In some extreme cases, the offending parent may even mistreat their children to tarnish the reputation of the other parent.
Can you lose your kids if you have an only fan? ›
The Superior Court has “repeatedly rejected consideration of a parent's morality or sexual lifestyle when fashioning a custody award.” And in their review of the trial court's assessment of the Killebrew case, they agreed with the trial court that Mother's OnlyFans account use was irrelevant to the court's custody ...
Kids can find ways to hide the fee every month to access content on OnlyFans from their parents. If a child has their own debit or credit card without parental controls, caregivers may be unaware what their kids are spending money on. Thankfully, there are now credit or debit cards made for kids with parental controls.
What can be used against you in a custody battle in California? ›
Other Issues That Can Be Used Against You
A skilled attorney can argue that many situations and actions create a situation that is not in a child's best interests. Additional issues that could be used against you in a custody battle include: Substance abuse. Removing a child from school or daycare without good reason.
Can you sue someone for putting your child on social media? ›
Currently, no law in California specifically addresses this question. It is up to a judge to decide on a case-by-case basis. In general, if there is proof that actual harm is being done or that the child is in danger as a result of the photos being posted, your ex could prevail in stopping you from posting.
Do I have to delete pictures of my ex legally? ›
There's no law saying that you have to delete the pictures. Some people certainly do choose to do this, saying that it is respectful or that it is just common courtesy, but they're not obligated to do so. In fact, some say they wouldn't delete the photos even if their ex asked them directly to do it.
Can a judge order you to stop posting on social media? ›
In California, there is no law that specifically addresses this question—and it is up to the judge in each unique case to decide if restrictions on either parent posting pictures of their children online should be restricted or prohibited.
Does social media affect court cases? ›
Juror Misconduct Involving Social Media
Such actions can jeopardize the fairness of the trial and may lead to mistrials or appeals. The anonymity and ease of access provided by social media platforms make it challenging to monitor and control juror behavior outside the courtroom.
Can a post on a social media site be used as evidence of character? ›
While social media can be compelling evidence, its admissible nature in a criminal case depends on the authenticity and admissibility criteria. Social media evidence must be authentic, meaning that It is necessary to prove that the account holder created the post, sent the message, or made the video recording.
Can someone post pictures of your child on social media without your consent? ›
Please give me a moment to look into your question in order to provide you with the best and most accurate response. Lawyer: Ashley R., Esq. Unless the photos are of an illegal nature (child p*rnography), it is perfectly legal for someone to post photos of another person's children without their consent.
Can judges post on social media? ›
Judges may use social media to make statements about the law, the legal system, or the administration of justice, including legislation affecting the judiciary or the legal system, but judges must exercise caution and restraint; should assume the widest possible audience due to lack of control over the dissemination ...
