In recent years, with the rise of social media, the Court has dealt with two primary questions in child custody matters:
- Can a parent prevent a co-parent from posting the Party’s child/children on social media?
- Can a parent prevent their child from having a social media account?
This is a gray area of the law without a clear-cut answer. Social media and the issues surrounding it are relatively new for family courts. Currently, no law in California specifically addresses this question. It’s up to the Judge and the families to decide on the issue.
There could be multiple reasons why a parent wants to prohibit the other parent from posting the party’s child/ children on social media or why one parent does not want a child to have a social media account. The answer is simply the internet is a scary place. Additionally, multiple studies have shown the impact that social media can have on someone’s mental health. While no law prevents each scenario, as discussed below, a parent can still have some solutions.
Stipulation Entered with the Co-Parent
An agreement can be entered into by both parents where each parent agrees that the child will not be on the other parent’s social media and/or that the child will not have a social media account. The agreement can then become a stipulation. A Stipulation and Order for Child Custody and Visitation is when the parents tell the Court they have an agreement about child custody and visitation, and once this is done, the Court can make a Court order.
Prohibit Steps Order:
However, agreeing with a co-parent can sometimes be the hardest thing for co-parents to do, especially when they are in tumultuous times, especially when going through a custody dispute. If the Parents cannot agree, they can try to file a Prohibit Steps Order with the Court.
A Prohibited Step Order is a Court order that prevents someone from taking certain actions that could negatively impact a child. Therefore, if the Court grants the protective order, the parent would be prohibited from posting on social media about the Party’s child/children and/or preventing the child/children from having a social media account. If the order is breached, then the order can be enforced, and the breaching parent can be held in contempt of court.
Even though this is an option, it is unlikely that the Court would want to interfere with one parent’s social media post or the child’s enrollment in a social media account. Unless there is evidence that this would be detrimental to the child’s well-being and cause them harm, this is an extremely high threshold meaning the likelihood of success (of a Judge granting it) is low without such evidence.
Potential Examples of Harmful Posts:
- Sharing embarrassing or sensitive information about the child
- Posting Photos that depict the child in inappropriate or dangerous situations.
- Using the child’s image to harass or disparage the other parent
- Revealing the child’s location in a way that comprises their safety
If you have questions about your specific situation or need guidance on your parental rights and responsibilities, the experienced family law attorneys at Butler Law, PC are here to help. Our knowledgeable legal team can review your case, explain your options, and advocate for you and your child’s best interests.