Can a Screenshot From Social Media Really Win a Custody Case in Nebraska?

By Law Clerk Oliver Halliwell

In Nebraska, custody and parenting time decisions are not popularity contests, and they are rarely decided by a single “gotcha” moment. Judges focus on the child’s best interests under the Nebraska Parenting Act, and they evaluate evidence through the Nebraska Rules of Evidence. Social media can be admissible, but a screenshot usually works as supporting proof, not a case-ending “smoking gun.” It carries the most weight when it helps prove a pattern that affects the child, such as repeated intoxication during parenting time, chronic disparagement that harms the child, violations of court orders, or credibility issues where a parent’s online conduct contradicts sworn testimony. The two biggest hurdles are (1) admissibility, because screenshots often fail due to authentication issues under Rule 901 or hearsay rules under Rule 801, and (2) impact, because even an admitted post may matter very little if it is isolated, context-free, or only embarrassing rather than child-related. If you are in an active custody dispute or child custody modification case, assume everything you post, send, or react to can become an exhibit. The cases that go well are usually the ones built on consistent parenting and clean documentation. Social media evidence can strengthen that story, but it rarely replaces it.

Nebraska parents often come into a custody or parenting time case hoping a single screenshot will be the turning point. I understand why. Social media can feel like a window into what the other parent is really doing versus what they tell the court.

The problem is that courtroom decision-making is slower, stricter, and more evidence-driven than the internet. A screenshot rarely “wins” custody by itself because Nebraska judges decide these cases based on the total picture of parenting and what is best for the child, not one viral moment. That said, social media can influence outcomes when it proves a real risk to the child, a sustained pattern of instability, or a credibility issue the court cannot ignore.

How Nebraska Courts Actually Decide Custody

Nebraska custody and parenting time decisions are driven by the child’s best interests under the Nebraska Parenting Act, including Neb. Rev. Stat. § 43-2923. In practical terms, judges focus on stability, safety, and each parent’s demonstrated ability to meet the child’s day-to-day needs.

Courts look closely at who has been consistently involved in school and medical care, who can communicate well enough for healthy co-parenting communication, and whether there are substance abuse, violence, or other safety concerns. Social media evidence is not off-limits, but it is rarely the main event. It is usually weighed alongside testimony, school records, medical records, and the history of what has actually happened in the child’s life.

Key takeaway: Nebraska courts reward patterns and credibility, not one-off embarrassment.

Why a Screenshot Is Not Automatically Evidence

A screenshot is information. Evidence is information that clears the legal hurdles to be considered by the court. In Nebraska, social media screenshots generally must satisfy the Nebraska Rules of Evidence in Chapter 27, including relevance and fairness.

This is why some screenshots fail even when they look “bad.” A judge may decide the post is mostly shock value, too unclear, or too far removed from the real question the court is answering, which is whether this impacts the child’s safety, welfare, and stability.

Authentication: Proving the Screenshot Is Real and Attributable

Authentication is the most common friction point with social media exhibits, and it is where many “slam dunk” screenshots quietly die. Nebraska Rule 901 requires enough proof for the court to find that the exhibit is what you claim it is. You cannot just print a Facebook page or save a screenshot and assume the court will treat it as admissible evidence in Nebraska.

In real cases, the fight is often not whether the post exists, but whether you can prove it belongs to the right person and has not been edited or stripped of context. Nebraska judges commonly look for distinctive characteristics that link the content to the alleged author, especially when the other parent denies sending a message or posting it. Those distinctive characteristics can include the profile photo and username, timestamps, recognizable writing style or unique speech patterns, recurring nicknames, references to facts only that parent would know, or details that line up with other undisputed communications.

When the issue is high stakes, such as allegations involving threats, harassment, or child safety, stronger proof may be needed than a cropped phone screenshot. That can mean preserving the content more carefully, obtaining it through formal discovery, or using native downloads that carry clearer context and are harder to challenge.

Hearsay: Can the Court Consider the Content for What It “Proves”?

Many posts and messages raise hearsay issues because they are out-of-court statements offered to prove something is true. Nebraska’s hearsay rules still apply in family court, including in custody and child custody modification cases. This does not mean social media is useless. It means the legal reason for offering it matters.

Often, a parent’s own post is admissible as a party-opponent admission, because it is their statement. In other situations, the content may be used for a non-hearsay purpose, such as showing state of mind, notice, motive, or the effect on the other parent or the child. The key point is that screenshots can be limited or excluded depending on how they are offered and what they are being used to prove, which is why some “obvious” posts end up carrying less courtroom value than people expect.

The “Pattern” Rule: What Social Media Is Actually Good For

A single post can matter in extreme situations, but Nebraska courts are most persuaded by patterns. Social media tends to be most useful when it corroborates other evidence, contradicts sworn testimony, or helps establish a clean timeline.

If school records show repeated tardies and missed homework during one parent’s parenting time, and that lines up with consistent late-night partying posts, that combination can matter because it ties directly to the child’s routine. If a parent claims sobriety but repeatedly posts photos of drinking during parenting time, that is not about moral judgment. It becomes a supervision and safety issue. If a parent denies travel or overnights with a new partner but posts time-stamped check-ins and photos that contradict those claims, that is a credibility issue. Credibility matters in every custody case, and courts remember which stories hold up under pressure.

When Social Media Evidence Backfires

Social media evidence can backfire when it looks petty, cherry-picked, or obsessive, or when it distracts from stronger proof. Judges see digital conflict routinely, and a pile of screenshots about adult bickering can make the presenting parent look high-conflict, even if the other parent’s behavior is frustrating.

It can also backfire because it invites reciprocity. Many parents focus on the other side’s online conduct and forget that their own posts, comments, likes, and direct messages may become exhibits too. If you are in a contested custody case, the best social media strategy is usually restraint. Do not post about the case, do not post about the other parent, and do not post about the judge. Also, do not delete or alter content without legal advice. Deleting posts once litigation is anticipated can create spoliation arguments and credibility problems that are far more damaging than the original post.

Preserving Social Media the Right Way

If you see a post that matters, preserve it in a way that keeps context and identity intact. A screenshot that shows only a text bubble without the surrounding conversation, date, and account identifiers is easier to challenge and easier for a judge to discount.

When possible, preserve the surrounding thread or post context, keep the username and profile details visible, and capture timestamps or URLs. If the issue involves serious threats, stalking, harassment, or child endangerment, talk to counsel immediately about preservation steps, including whether a preservation letter, subpoena, or forensic capture is appropriate. The goal is not to become your own investigator. The goal is to keep the evidence reliable and admissible, and to present it in a way that a court can actually use.

What To Do If You Have “Good” Screenshots Right Now

If you have content that genuinely relates to the child’s safety, stability, or the other parent’s truthfulness, do not assume it speaks for itself. Preserve it properly, avoid escalating online, and get legal guidance about whether it should be used and how. The strongest custody cases are still built on consistent parenting, clean documentation, and credible presentation. Social media should support that larger story, not replace it.

FAQ: Nebraska Custody and Social Media Evidence

Can screenshots be used in Nebraska custody cases?

Yes, screenshots can be used if they are relevant to the child’s best interests and properly authenticated under Nebraska’s evidence rules. A screenshot is not automatically admissible simply because it exists, and it may still be limited by hearsay rules depending on what it is offered to prove.

Is a screenshot enough, or do I need the original post?

A screenshot can be enough in some cases, but original posts or native downloads are usually stronger because they preserve context and may include metadata. Screenshots are easier to challenge as cropped, incomplete, or altered, so courts often give them less weight unless they are well-supported.

What if the post shows dangerous behavior like intoxication during parenting time?

Posts suggesting dangerous behavior can matter, especially when they show a pattern and connect to the child’s safety. Nebraska courts generally focus on whether the behavior impacts the child’s welfare, not whether the post is embarrassing.

Do Nebraska judges look parents up on social media?

No. Judges do not conduct their own investigations. They typically consider only evidence that is properly presented and admitted in court. If it is not offered correctly, the judge will likely never see it.

Can I delete old posts if I’m worried they’ll be used against me?

You should not delete content once litigation is anticipated or underway without legal advice. Deleting posts can lead to spoliation accusations and credibility damage that may hurt your case more than the original content.

Can my own social media help my custody case?

Sometimes, but usually in a limited way. Positive content can support credibility, but courts typically care more about objective records and consistent parenting history. In most contested cases, the safer approach is to keep social media quiet and avoid giving the other side usable material.

What should I avoid posting during a custody dispute?

Avoid posting about the case, the other parent, the judge, new relationships, or anything that can be interpreted as instability, substance use, or poor judgment during parenting time. Even jokes can look different once they are printed and argued in a courtroom setting.

How should I talk with my lawyer about social media evidence?

Bring the core posts that show a pattern, contradiction, or timeline, and be prepared to explain how each one connects to the child’s best interests. A focused set of well-preserved exhibits is usually more persuasive than a large volume of screenshots that are mostly emotional.