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Facebook used as a tool in child custody case

Dealing with divorce is challenging in itself, but often there is more at stake than just a dwindling relationship. A child custody battle adds to the trials of separation, and sometimes it is challenging to determine which parent should gain custody. New Jersey citizens may be interested in the recent custody battle in another state where a judge has allowed a Facebook profile to be used in the case as evidence.

The husband in this case is trying to prove that his estranged wife has been absent for much of the past four years of their child's life. He claims that a review of her Facebook page would prove that she was often out of the state. Furthermore, it would show that the father has spent the majority of the time with their four-year-old son. He is fighting for the physical custody of their son.

The mother claims that her Facebook page is private. She works within multiple states and has to travel. She claims that she was around the child much more than the child's father says. However, the judge found that a review of her Facebook may be relevant in proving both parents' time spent with the child.

This may be the first case in the state that grants access to Facebook as evidence in a custody case, but it will likely not be the last. New Jersey parents should be aware of this potential and know their rights. Seeking a lawyer who has extensive experience in regards to family law and child custody issues may be a good option for parents in the fight for custody.

Source: nypost.com, "Facebook profile is fair game in custody battle: judge", Julia Marsh, Aug. 25, 2015

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