Don’t Use Your 95% Reaction to Ruin Your Credibility
“Life is 5% what happens, and 95% how you react” as expressed by rapper and artist Kanye West. If you are into pop culture, by now you know that Kanye West and Kim Kardashian West have called their marriage quits after seven years. Kim Kardashian West filed for divorce February 19, 2021, and the parties agreed to joint custody of their four children: North, Saint, Chicago, and Psalm. As the parties have begun navigating their way through their post-married life, Kanye West went to social media to express his concerns about his children and Kim Kardashian West. Kanye took to social media in early February expressing his angst with daughter, North, having access to Tiktok. In response, Kim issued a lengthy response which included “Divorce is difficult enough on our children and Kanye’s obsession with trying to control and manipulate our situation so negatively and publicly is only causing further pain for all.” She went on to say “I wish to handle all matters regarding our children privately.”
Unfortunately, this “social media” problem is not just a problem of the rich and famous. Family law cases often see their fair share of social media grievances. Legal matters involving the family can be extremely emotional, and involved parties often look toward social media as an outlet to express those pent-up feelings. However, take it from your family law attorney, you should think twice before posting anything involving your family to social media if you are in the midst of a family law dispute.
Social media posts can be used against you at trial. Even if you delete it, trust me, someone got a screenshot and the post is archived somewhere waiting to be subpoenaed. If you have a legitimate concern, like Kanye, you are much better suited to discuss it with your attorney and allow her to handle the situation accordingly. Blasting your thoughts on social media rarely gain you any “legal points” in your family law matter. Rather more often, social media posts turn into mud-slinging ammunition that one party can turn around on the other party. To Kim’s point, handling family law matters and concerns are best kept private. If you want to share a family law concern, share it with your attorney and not your social media followers.
Be aware that even seemingly harmless pictures on social media could create issues for your legal case, especially in child custody and child support matters. For example, posting photos holding alcohol or partying could be used against you if a Court is analyzing if you are a “fit parent.” Although alcohol use is not illegal, the argument that excessive alcohol use and abuse comes up often in child custody matters when analyzing the best interests of the children. When in doubt, do not post. It is also advisable to use the highest security settings on Facebook, Instagram, Twitter, Tiktok, and other social media sites to keep your photos and posts as private as possible. Regardless of security settings, be aware of what you post because someone is always looking!
If you are in the midst of a difficult family law matter, our Modern Legal team is here to help.
Written by: Theresa E. Viera
