It is being reported today that photographs and statements from Facebook, MySpace, and other social websites are the primary evidence in 20% of matrimonial and custodial court cases. Yes, Yes, Yes. Members routinely put the sexiest photographs on Facebook. Members, who are unhappy, routinely say the ugliest things on Facebook or brag about their adventures. Even if you limit the photographs and text messages to your friends only, the Courts look at printed copies of Facebook and MySpace entries every working day of the week. When your super sexy photograph is shown to the Judge or your brag about smoking grass is shown to the Judge, it may hurt your argument that you are a great mother or a great father.
Since the Facebook statements are "admissions against interest" (confessions), they are not hearsay and come rolling into evidence. Since Facebook photographs show what you actually looked like on the day the picture was taken, they come rolling into evidence.
Putting something too sexy or too adventuresome on Facebook or MySpace is like picking up a cat by the tail. You will learn things you cannot learn any other way.
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