An Albany Appellate Division awarded sole custody to the father of the child after the court saw an improper posting on Facebook made by the child’s mother, as reported by the New York Law Journal in a February 19, 2013 article.

The posting in question involved the mother calling her 10-year-old son an “asshole” on his Facebook page. She further proclaimed that it was important for all of the mother’s friends to know this because it was the truth. Based on this evidence the court found that joint custody was no longer in the best interest of the child’s health and well-being. In the court’s ruling they stated that the posting could be used and weighed substantially on their decision because it gave them a true “in-sight” into the mother-son relationship.

When discussed in court the mother showed little remorse regarding her inappropriate posting. The mother attempted to appeal the court’s decision but the Appellate Division ruled that the trial court was correct in their ruling. The appellate court further found that the mother’s behavior allowed for the court to issue a court order of protection against the mother. In the last few years, more courts are openly accepting evidence from a party’s social media site.

If you are seeking divorce or child custody it is advisable to retain the expertise of an experienced attorney. Jayson Lutzky has 30 years of experience practicing law and understands the importance of understanding new legal developments. He offers free initial consultations—to set one up, please call his office at (800) 660-5299 or visit