Social Media and Custody: What You Post Can (and Will) Be Used Against You

We live online. Between Instagram stories, TikTok videos, Snapchat streaks, and Facebook updates, most of us are constantly sharing pieces of our lives. But if you’re involved in a child custody case in Nebraska, it’s time to pause before you post.

Because yes—your social media content can absolutely be used against you in court.

Can Social Media Be Used in Nebraska Custody Cases?

Yes. And not just the obvious stuff. Even “private” accounts are not off-limits in a legal proceeding. Opposing counsel can obtain screenshots, subpoena posts, or use information shared by mutual friends to bring your content into the courtroom. Once a custody dispute is underway, your digital life can—and often will—be scrutinized.

Under Nebraska law, custody decisions are based on the “best interests of the child” standard (Neb. Rev. Stat. § 43-2923). That means judges can evaluate any behavior—online or offline—that reflects on your ability to parent responsibly, support your child’s development, and foster a healthy co-parenting relationship.

What Kinds of Posts Can Be Used Against Me?

It’s not just the obvious red flags. Here are a few examples of social media content that could raise concern during a custody dispute:

• Photos or videos implying excessive drinking or drug use

• Posts where you badmouth your ex, their partner, or their parenting

• Complaints about missing parenting time to attend social events

• Publicly ranting about the judge or legal process

• Engaging in heated comment threads or online arguments

• Vacation pictures if you’ve claimed financial hardship or traveled with your child without proper consent

• Location tags or posts that contradict your claimed whereabouts

• Third-party comments that paint a conflicting picture of your behavior

Even if something feels harmless in the moment, it can be taken out of context and used to undermine your credibility or suggest you’re not acting in your child’s best interests.

Should I Delete Old Posts or Take Down My Account?

Not a good idea. Deleting social media posts after a custody case has started can backfire. Courts may view it as an attempt to destroy evidence, and digital forensics tools can often recover deleted content. In some cases, you could face consequences for tampering with potential evidence.

Instead, consider the following steps:

• Stop posting publicly during your custody case, or severely limit what you share.

• Make all accounts private, and review your followers list to ensure only trusted contacts remain.

• Think before you post—ask yourself, “Would I be okay with a judge seeing this?”

How to Use Social Media Carefully During a Custody Case

If you’re going to use social media during a custody dispute, do it intentionally. Focus on content that reflects your role as a responsible, engaged parent. Some safe examples might include:

• Attending school events, sports practices, or doctor’s appointments

• Supporting your child’s achievements without revealing sensitive personal info

• Showing routines or hobbies that reflect stability

• Demonstrating involvement in your child’s education or emotional development

Above all, avoid posting about your ex, your legal case, or anything that could be misinterpreted. Social media isn’t just social when you’re in a custody battle—it’s evidence.

Frequently Asked Questions (FAQ)

Can social media be used as evidence in a Nebraska custody case?

Yes. Nebraska courts can consider social media content when evaluating parenting behavior, judgment, and credibility—especially if it relates to the child’s well-being.

Even if my accounts are private?

Private does not mean protected. Posts can be obtained through discovery, screenshots, or mutual acquaintances. Never assume privacy equals immunity from scrutiny in court.

What if I delete old posts?

Deleting posts once a custody dispute is underway can be seen as destroying evidence. It’s better to stop posting entirely and speak with your attorney before making any changes.

What kind of social media content is harmful in custody cases?

Examples include evidence of excessive partying, disparaging remarks about your ex, missed parenting time for personal plans, or posts that contradict claims made in court (e.g., financial hardship or parenting availability).

Is it okay to post photos of my child?

It depends. If the post is respectful, relevant, and not overly personal, it may be fine. But oversharing private details or using your child’s image to send a message about the custody case is discouraged.

What should I post instead?

If you post at all, focus on content that highlights your role as a stable, responsible parent. Think school events, routines, or activities that reflect your child’s well-being—nothing that could be twisted or taken out of context.

Final Thoughts: Your Digital Life Is Legal Evidence

If you’re in a custody case, your online behavior matters. Your posts, your likes, your comments—all of it can be evaluated in court. That doesn’t mean you have to erase your online presence, but it does mean you need to be thoughtful, strategic, and aligned with your child’s best interests in everything you share.

Not sure whether your social media could be a problem? Talk to your attorney. And if you’re looking for a Nebraska-based firm that understands how the digital world intersects with real-life custody cases, we’re here to help.

We don’t just tell you what not to do—we help you plan ahead, build a strong custody case, and prioritize your child every step of the way.

Reach out at 402-259-0059 or zach@zandersonlaw.com to get started.