Donna Dougherty Law P.C.

Before sending that nasty email or social media post, read this

If you are in the midst of a divorce or child custody action, chances are that you may be experiencing some frustrations that you are dying to share with your friends. So in an emotional moment, you may think about taking to Twitter or Facebook to speak your mind; but before you hit “send” you should really take time to think about what you are saying.

Why is this? Well, the old adage set in Miranda warnings also apply to the world of family law. Essentially, what you say will in fact be used against you; especially if it is disparaging towards your ex. What people may not realize is that statements made on social media are completely discoverable and can be used to support a person’s position regarding custody and parenting time. 

If you have already made poor statements and have tried to delete them, or have taken your page down, a savvy tech engineer can find those pages (and the statements) and bring them back. This is because statements made on social media sites are of permanent record; meaning that even if they are deleted from public view, they can still be recovered.

So before you rant about how the other parent is being unreasonable, how the court is being unfair, and what you wish you could do to people who don’t see it your way, be sure you understand the consequences of your actions. Thinking thoroughly before you hit send could save you quite a bit of heartache.

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