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Can Facebook Postings Be Used as Evidence in a Georgia Family Law Case?

Facebook, as well as other social media sites, can be a gold mine of information for divorce litigants in their attorneys. The reality is that people – and their significant others – tend to overshare on Facebook and similar sites, which gives information to the general public that will only hurt your child custody case. For instance, if one spouse is claiming that he or she is unemployed and therefore unable to pay child support as ordered, evidence on Facebook showing that spouse enjoying a Caribbean vacation, purchasing a brand-new car, or moving to a new, larger home all can be used to contradict or rebut that spouse’s claims. Likewise, if one spouse portrays himself or herself in court as a hardworking, straight-laced, responsible parent, and social media is full of recent images of that spouse smoking, drinking, doing drugs, or otherwise partying three or four nights each week, those images may constitute important evidence in an Atlanta child custody case.


Similarly, if one spouse denies living with or having an association with a person who is a registered sex offender or a convicted felon, but Facebook postings show otherwise, then social media evidence may be very relevant in showing the current lifestyle of that spouse. While these examples may be a bit extreme, they are more commonplace than one might think. According to a survey of the American Academy of Matrimonial Lawyers, 81 percent of its members have used evidence from Facebook, Twitter, and other social media sites over the last five years.

As your Georgia family law attorney, we can properly advise you about the types of evidence that can be used in a child custody or divorce case, as well as how you can minimize social media evidence being used against you in such a case.

Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.

Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.