Facebook and Family Court: Can Social Media Affect Custody?

 Posted on July 25, 2025 in Family Law

Perhaps you have your Facebook account set to "private," leaving you confident that only those you allow to see your page can do so. You might need to rethink this assumption if you are in the middle of a custody dispute (known as the "allocation of parental responsibilities" in Illinois). In fact, you should know that social media is increasingly being used as "evidence" in family courts across the country.

Every single thing that you post, share, like, or comment on can come under scrutiny by a judge when parenting time and the allocation of parental responsibilities are being decided. A photo showing late-night "I’m almost single now" partying or an angry rant about your spouse is fair game for your spouse’s attorney.

Even the actual times you log in and the amount of time spent on Facebook can be used to challenge your parenting ability. A Kane County, IL family law attorney can answer your questions and help you understand how social media can hurt you in court.

How Can Facebook or Other Social Media Hurt My Allocation of Parental Responsibilities?

Although actual statistics are elusive, it is estimated that social media is used as evidence in as many as three-quarters of all divorces and child custody issues. Judges and attorneys routinely review Facebook, Instagram, Twitter, and TikTok content, looking for posts that indicate poor judgment, instability, or hostile co-parenting.

Screenshots, messages, and timestamps are all admissible in court. In particular, the following types of posts can have an adverse effect on family law decisions, especially those pertaining to children:

• Posts that show alcohol or drug use while children are present, and, honestly, even when children are not present.
• Posts that complain about the other parent or, worse, posts that make threats against the other parent, even if those threats are not serious and largely indicate frustration.  
• Any photo that contradicts a claim, such as a parent claiming he or she is unemployed (so cannot afford child support), then posting photos of an extravagant vacation.
• Posts that reveal details of the case or details of arguments with the other parent.

Why You Should Never Believe Your Privacy Settings Will Save You

Although social media privacy settings may limit public access to online activities, they do not guarantee protection from content being used as evidence in legal proceedings. Courts can compel the disclosure of social media data – even if a profile is set to "private" or content has been deleted.  

The opposing lawyer can potentially access private content through legal discovery or even through third-party access. This means that a person with authorized access (a "friend") to private posts could be legally compelled to share them. Generally, courts consider content shared on social media (even with restricted access) to have very limited expectations of privacy.

Deleted content is often recoverable, and even accounts that have been deactivated, the data is likely stored on the social media’s servers. Furthermore, a court may consider efforts to hide or delete content as suspicious, which raises questions about the parent’s truthfulness. Illinois courts will always make decisions for children based on the best interests of the child and will consider evidence of parental fitness, lifestyle stability, and cooperation with the other parent when evaluating social media posts.

What You Should and Should Not Do on Social Media During a Custody Case

There are a few basic rules for social media during the allocation of parental responsibilities and the determination of parenting time. Always assume that anything posted will be seen by a judge. Pause or limit social media use during legal issues involving children or divorce, and refrain from venting about an ex or the judge online. Never post about parties, new romantic partners, or drug or alcohol use.

Contact a DuPage County, IL Family Lawyer

When it comes to decisions about children, your online presence matters more than you think. A Lisle, IL parental responsibilities attorney from SpyratosDavis LLC can help ensure you do not make mistakes that could negatively impact decisions about your child. We are highly focused on developing a strategic approach. Call 630-810-8881 to schedule your initial attorney meeting.