There is never a shortage of new and interesting stories involving social media that impact upon our world of family law. We have previously blogged about what NOT to do online, because there may be a spouse ready and willing to use such online postings, pictures and the like against you in your divorce proceeding.
Apparently the Mom in the case of Melody M. did not read our blog posts. In a decision from a New York appellate court that garnered enough attention that I first read about it in the New York Daily News, Mom lost legal custody of the children for being mean to her oldest child on Facebook.
The basic facts were relatively straightforward. The parties entered into a separation agreement in 2006 providing for joint custody of their three children, with “alternating physical placement.” In 2009, the parties stipulated to continuing joint legal custody, with Dad having primary physicla custody and Mom having scheduled parenting time for an evening each week and on weekends during the school year. In 2010, Mom commenced the first proceeding to increase her parenting time. Dad opposed the requested modification, and, among other things, sought his own form of modification by requesting that he be granted sole legal custody of the children.