What Is Social Networking?
Social networking websites are on-line communities where persons may post a profile, messages, photographs, videos, status updates, friends, group affiliations, and much more information. Popular general social networking websites include MySpace, Facebook, and LinkedIn. Networking may also occur through the use of blogs, where persons often write information in a kind of on line diary. Participation in websites geared toward certain sectors or interest groups of the population (such as ivillage.com or eharmony.com) is also social networking, as is use of website to post pictures such as Flicker, or personal ads such as Craigslist.
Why Is Social Networking Dangerous?
In Arizona family courts, it is becoming increasingly prevalent to see information that was posted on a social networking website used as evidence in court. Often people do not realize that information posted on a social networking website may be easily accessed by anyone. There is a sense of anonymity and informality over the Internet where many people feel that they can post information about themselves that could be damaging in other settings. Lawyers and parties now routinely conduct searches through social networking websites to obtain information that could be compromising in a family law case.
How May This Information Be Used in Arizona?
Arizona is a no-fault divorce state. This means that information about the reasons behind the decision to divorce is irrelevant and cannot be admitted to effect the division of assets and debts or to determine child support or spousal maintenance. However, information about the behavior of one or both parties may be relevant in determining legal and physical custody of the children. The Court has discretion under A.R.S. 25-403 to consider "all relevant factors" in determining the custody of a child. Information posted on a social networking website that tends to show that a parent is unfit to care for the child is therefore generally admissible in custody disputes, provided that the information can be authenticated as belonging to the parent. Information posted by another person about the parents or by the child, or by another person about the parent may also be admissible.
How Can You Protect Yourself?
The best way to protect yourself is to not allow compromising information, pictures, videos, or posts to be placed on a social networking website. However, if you are contemplating a family law suit, and you are aware that there is some information on the Internet that shows you in an unfavorable light, you should delete that information and set privacy controls on your social networking website so that strangers cannot easily access your website. You should be aware that this may not be enough to protect you. Even if the settings on the website do not allow the public to view the website, it is likely that an attorney would be able to subpoena the information on the site from the organization that maintains the website. The organization that maintains the website will also archive all information that was ever posted on the website even after it has been deleted, so the deleted information could be discovered. It is also likely that the computer where you use the social networking website would store deleted information, and that the information could be discovered if the computer was analyzed by a forensic computer expert.
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