Social Media and Custody: What You Post Can (and Will) Be Used Against You
We live online. It’s just how things are now. Between Instagram stories, Facebook memories, TikTok rants, and Snapchat streaks, most of us are constantly sharing glimpses of our lives. But if you’re going through a custody case in Nebraska, it might be time to think twice before you hit “post.”
Because yes—your social media can absolutely be used against you in court.
Wait, seriously? Even if my account is private?
Yep. Private doesn’t mean invisible. Screenshots, mutual friends, or even opposing counsel getting creative during discovery can bring your posts into the courtroom. Judges can and do look at social media to assess your overall judgment, your stability, your ability to put your child’s needs first, and your willingness to foster a positive co-parenting relationship. If something you posted reflects poorly on these factors, it can absolutely influence a custody decision.
Nebraska custody cases follow the “best interests of the child” standard. That means everything you do—including what you post online—can be considered through that lens. Does this show you’re stable? That you’re responsible? That you’re supportive of your child’s relationship with the other parent? Your social media can provide a window into all of that.
So what kind of stuff are we talking about?
Think: party pics implying excessive alcohol or drug use, publicly disparaging your ex or their new partner, posting about skipping your weekend with the kids because you had “plans,” ranting about the judge or the legal process, or flaming online arguments. Even seemingly innocent vacation photos could be problematic if you’ve claimed financial hardship, or if you’re taking the child out of state without proper consent or a court order.
Also worth mentioning: location tags, captions, who you’re with, and even comments from others can all be taken out of context. You don’t want a night out with friends to be twisted into “proof” that you don’t prioritize your child.
Does that mean I should delete everything?
Nope. Deleting posts after a case is filed can look shady and could even be seen as destroying evidence. Courts may assume the deleted content was damaging, and digital forensic experts can often recover it anyway. The smarter move? Drastically limit or entirely cease public posting. Make your accounts private if they aren’t already, tighten up your followers list, and think of your social media profiles as something that could be presented as Exhibit A in court.
Here’s what you can do:
Assume everything you post could be shown to a judge.
Share only content that reflects you being a stable, present parent—think helping with homework, attending school events, or wholesome activities.
Demonstrate stability and responsibility through your environment, routines, or hobbies.
Highlight your child’s achievements or interests—without oversharing sensitive or private details.
Avoid talking about your ex, the court case, or anything you wouldn’t say in front of a judge.
Bottom line? Social media isn’t just social during a custody case.
If you’re not sure how your posts might be interpreted, talk to your lawyer. And if you’re looking for a Nebraska-based firm that gets how online lives intersect with real-life custody battles, we’re here. We don’t just tell you what not to do—we help you navigate the complexities of digital evidence and build a strong case that focuses on your kids’ best interests. Contact us at 402-259-0059 or zach@zandersonlaw.com.