Social media evidence has been a contributing factor in changing the course of countless divorce and family law cases. Sometimes telling clients about an actual case is the best way to convince them to be wary of what they put on the internet.
In the case B.M. (Mother) v. M.M. (Father), the mother had previously been awarded physical custody of the child. However, when the mother remarried and planned to move to Texas, the father filed motions for a temporary and permanent order to prevent relocation of the child and a request for ruling on a motion for the appointment of a Guardian Ad Litem (GAL).
The court assigned a GAL to the case, and the GAL obtained evidence that the mother was posting information on MySpace relevant to the case that revealed her new marriage was unstable. She said her husband drank a lot and physically abused her. She sent photos of herself, including some semi-nude pictures to this man she was flirting with on MySpace. However, the “man” on MySpace was actually her son’s stepmother and the biological father’s wife, who was posing as a male. The GAL used the conversations as evidence in the case. In addition, the mother had lived with a number of men subsequent to breaking up with the child’s father and prior to her re-marriage.
The court decided the father was the more stable of the two parents and awarded him physical custody of the child. When the mother appealed, the higher court ruled that the lower court’s finding was not in error.
Courts always rule in the best interests of the child, and in this case the court found that living in an unstable environment with the mother was not in the child’s best interests.
If you have child custody issues, it is wise to consult with an attorney as soon as possible. At C.E. Borman & Associates, we work closely with you to answer your questions, advise you and protect your rights.