The Love DuCote Law Firm LLC Legal Blog

Judge rules re social media and child custody

Most Texas spouses who are divorcing would agree that they’d like the proceedings to be settled as swiftly and painlessly as possible. Many also understand that it is not always possible to achieve this, especially if a particular issue is causing contention between spouses. In another state, a man and woman were entangled in a legal battle regarding the man’s use of social media during their child custody proceedings.

The man had reportedly written many disparaging remarks about his ex on a social media page. He is also said to have launched a GoFundMe site, asking for financial assistance to help him “keep his son.” At some point, a judge had issued a disparagement order, prohibiting the man from publishing posts about his child custody case on social media. This type of order is not uncommon, and those who have violated them in the past have often been held in contempt of court.

An attorney advocating on behalf of the man appealed. The judge overseeing the appeal ruled that while it is always in a child’s best interests for parents to refrain from publishing disparaging remarks about each other, the First Amendment of the U.S. Constitution protects every person’s right to free speech. The judge overturned the previous ruling, stating that the disparagement order was unconstitutional.

Any Texas spouse who is concerned about child custody orders, social media posts during a divorce or other complex issues may request a meeting with an experienced family law attorney for support. Such issues can be highly stressful, but easier to resolve when one relies on experienced legal representation in court. The court always makes its decisions according to what it determines is best for the children in question in a particular case; however, if a parent believes his or her rights were violated, an appeal to a higher court may be appropriate.

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