Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is written by members of the State Bar of Wisconsin’s Lawyer Referral and Information Service (LRIS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Atty. Neil Magner
Co-parenting in the digital age brings its own set of challenges, often revolving around privacy and social media concerns. Here’s a breakdown of the key issues and how to navigate them for a smoother co-parenting experience.
Posting Photos of a New Partner with Your Children
Capturing moments with your children and a new partner is common, but it can stir up jealousy and resentment in the other parent if you post the photos to social media.
Unclear rules and court orders make addressing this tricky. Successful co-parenting involves discussing these concerns upfront, and if possible, incorporating them into a parenting plan. If disagreements persist, seek the guidance of a family mediator before resorting to costly court action.
Images Involving Alcohol or Drugs
While court orders may not govern parental social media posts, parents with a history of substance use disorders may have sobriety requirements in the presence of minor children. Parents often reach out to their lawyers when they see the other parent’s social media account containing images involving alcohol or other drugs. Beware and be mindful: These images could be used as evidence in court.
Negative Comments and Posts
Expressing your dissatisfaction with child support on social media is never advisable. One parent often feels that they are paying too much for child support. Even seemingly private comments among friends can be shared with others and used as evidence in your court case. For example, a mother might use a father’s social media comments as evidence to argue that the father’s request for more time with the children was driven by his desire to lower his financial support obligations. Judges frown upon derogatory comments about the other parent on social media. Exercise caution and consider the potential impact on your case before sharing your grievances publicly.
Conclusion
Co-parents should adopt a cautious approach to social media, assuming that all posts and comments are public. Recognition of the lack of privacy on these platforms is crucial. Whether it’s images of children with a new significant other, photos of alcohol and illicit substances, or comments on legal matters, everything is fair game.
It’s important to be considerate of your ex-spouse on social media, no matter how you feel. Addressing the potential pitfalls will foster a healthier relationship between the two of you, and your children will undoubtedly benefit from it.
Atty. Neil Magner, Magner & Hueneke LLP, Greenfield, specializes in family law, including divorce and legal separation, post-judgment modifications, child custody and support, equitable property division and paternity cases. Know Your Legal Rights is sponsored by the State Bar of Wisconsin Lawyer Referral Service, which connects Wisconsin residents with lawyers throughout the state. Learn more at wislaw.org.
