Facebook is not your friend when it comes to child custody, divorce and family law matters. Nevada custody and divorce cases often involve evidence that has been obtained from Facebook.com. Although the Luna Law Firm cautions clients to avoid disclosing information on Facebook during litigation, it isn’t uncommon for photos, newsfeeds or other information to be presented in court. This could include the behavior of a parent, information related to the waste of assets, and embarrassing photos posted by friends.
It is becoming a more widely recognized issue that the information you post on Facebook can be damaging. Recently, while listening to NPR in Reno, Nevada, I overheard a piece on employers firing employees over Facebook posts. In some cases prospective employers are even researching applicant’s Facebook pages prior to hiring. It is clear that Facebook is becoming a common tool for learning more about employees, job applicants and yes, even your former spouse and/or child’s parent.
Your child custody and/or divorce case can have a significant impact on your custodial rights and your life going forward following the case. The last thing you or your attorney want is for damaging information posted in a public space such as Facebook to be discovered by the opposing party.
If I could urge one rule regarding Facebook, it is don’t open an account if you don’t already have one during your case. If you do have an account, avoid posting photos, comments or even liking items you might regret. You should carefully monitor your account and ensure that friends and family members don’t post comments or photos that are damaging to your case. You should set your privacy settings to prevent posting without your approval.
Often clients tell me their Facebook page is private. While you may have privacy settings set high, the friends on your page sometimes do reveal your information to the opposing party. It is best to assume that everything you place on that page will be reported to the opposing party in your case. You should also change your password no matter how certain you are that the other side may not have it. Simply put, caution is the best policy.
For more information including NPR pieces on the subject of Facebook, please see
This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction. If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.
K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area. The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area. We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.
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