Nassau County, NY- When it comes to divorce, post either spouse makes on social media platforms can be used as a weapon against another, but such posts are generally excluded from child custody hearings. But that has changed for cases in New York after a Westchester County judge allowed one man to use his wife’s Facebook posts to show to win custody of his 4-year-old child.
Anthony DiMartino, 54, and his estranged wife Christina Antoine, 45, are in the middle of a battle to determine who will get physical custody of their son. DiMartino alleges that he is the primary caregiver for his son and that his estranged wife spends more time traveling than caring for their son.
To prove that assertion DiMartino wanted the court to look at his wife’s posts on Facebook which show all the places she has traveled to over the past four years. But Antoine moved to block the court’s access to her he Facebook page, insisting that it is private and that she “unfriended” him when they split, according to the New York Post.
Supreme Court Justice Lawrence Ecker disagreed with Antoine and ruled in favor of DiMartino in a precedent setting decision that will likely have a ripple effect for New York child custody cases. The court then ordered Antoine to turn over her Facebook login information by September 14.
“The court finds that the time spent by the parties with the child may be relevant and material to its ultimate determination of custody,” the Justice Ecker wrote in a ruling released in late August.
While this is the first time a judge has allowed social media in a child custody case, courts have accepted this type of evidence in divorce proceedings for a number of years. The court’s decision in this case likely means that social media will show up in future child custody cases.
This case shows how complicated determining child custody can be and also demonstrates the value of having an experience child custody lawyer familiar with New York’s law on your side. An experienced lawyer will ensure your rights are protected through the process. They will also work tirelessly to prove what you deserve the child custody arrangement you are seeking.
If you live in Nassau County, USAttorneys recommends you contact the A. Cohen family law firm to assist you with any child custody issues you may have. The firm has a solid track record of successful cases and will work hard to ensure your success.
Divorce is so difficult on everyone involved and it turns lives upside down. The chaos and pain of divorce is only compounded if the adults are enmeshed in a contentious child custody battle. Retaining a divorce lawyer won’t alleviate the emotional aspects of divorce but it will help simplify the process for the parents so they can focus on helping their children through this tough period.