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Social media has changed the way people work and live in Michigan and beyond, but for one couple it has even changed their divorce proceedings.
A Connecticut couple is fighting over child custody. The husband told the court he saw questionable and unflattering information about his wife on the couple’s home computer and asked the court to require his wife to provide him with her passwords to Facebook and several online dating sites. The wife complied, but not before texting a friend to delete any unfavorable information. That’s when a judge stepped in.
The appointed judge requested that neither party delete anything from their social media accounts. The judge also required them to trade passwords and directed them to allow the other complete access to certain designated sites.
Child custody proceedings are determined based on the best interests of the child. Some may argue that social media sites are, by their nature, private and should not be subject to discovery in a divorce proceeding. Others would counter that the best interests of the child trumps everything and any relevant information should be considered by the court.
Additionally, it is unclear if the judge’s ruling violates any privacy regulations for sites like Facebook, as it asks users not to allow anyone else access to their account.
While it remains to be seen how the Connecticut couple’s divorce will turn out, those facing divorce, or child custody litigation in Michigan may be best served by consulting an attorney experienced in the relevant law and procedure. The lawyer can help analyze the facts and circumstances and offer objective advice as to the proper way in which to proceed.
Source: New York Daily News, “Divorcing couple ordered by judge to hand over Facebook, Match.com passwords,” Lindsay Goldwert, Nov. 09, 2011