The Safest Answer Is: Very Little
One of the first pieces of advice most experienced family law attorneys give their clients is to be extremely cautious about social media during a divorce or child custody case.

Many people assume that Facebook posts, Instagram stories, TikTok videos, Snapchat messages, private Facebook Messenger conversations, or other social media activity are personal matters that will never become part of the lawsuit.

That assumption is often incorrect.

Anything you post online has the potential to become evidence in your case. In many instances, social media becomes one of the first places attorneys look when evaluating custody issues, financial disputes, allegations of family violence, claims regarding employment, or questions concerning a party’s credibility.

Assume Everything You Post Will Be Read by the Judge
A useful rule during any family law case is to assume that every post, photograph, comment, message, and video could eventually be enlarged onto a courtroom exhibit and reviewed by the judge.

Even posts that seem harmless when written may look very different months later when viewed in the context of a contested custody or divorce trial.

Judges routinely see social media evidence introduced during temporary orders hearings, mediation, and final trials. Once something has been posted online, there is often no practical way to prevent it from being copied, forwarded, photographed, or preserved by someone else.

Private Messages Are Often Discoverable
One of the most common misconceptions is that “private” social media messages are protected from discovery.

They often are not.

Depending upon the issues involved in the case, electronic communications—including Facebook Messenger conversations, Instagram direct messages, private group messages, text messages, and other electronic communications—may be subject to discovery under the Texas Rules of Civil Procedure.

Simply adjusting your privacy settings does not make otherwise relevant evidence immune from disclosure.

If a communication is relevant to issues being litigated, there is a substantial possibility that the opposing party may seek production of those communications through the discovery process.

Do Not Make Disparaging Comments About Your Spouse or the Other Parent
Few categories of social media evidence damage a case more quickly than public attacks on the other party.

Posting insults, profanity, accusations, ridicule, or inflammatory comments about your spouse or the other parent rarely advances your legal position. Instead, those posts frequently become exhibits offered to demonstrate hostility, poor judgment, or an inability to effectively co-parent.

Many Texas counties also have standing orders that prohibit parents from making disparaging remarks about the other parent in the presence or hearing of the child. Although a social media post may not be directed to the child, children frequently gain access to online content through relatives, friends, or other family members.

Judges expect parents to reduce conflict, not amplify it.

Avoid Discussing the Divorce Online
It is generally advisable not to discuss your lawsuit on social media.

Comments regarding settlement negotiations, attorney advice, court hearings, child support, custody disputes, property division, witnesses, or the opposing party may later become relevant evidence.

Even posts that appear humorous or sarcastic can be interpreted differently when introduced during litigation.

The courtroom is not an ideal place to explain jokes, exaggerations, or comments made in frustration months earlier.

Photographs Often Tell a Different Story
Photographs frequently become important evidence because they provide context beyond written words.

Pictures showing expensive vacations, new purchases, alcohol consumption, firearms, drug use, large amounts of cash, romantic relationships, or parenting activities may become relevant depending upon the issues in dispute.

For example, a parent claiming financial hardship while simultaneously posting photographs of luxury travel or significant purchases may face difficult questions regarding credibility. Likewise, photographs posted during scheduled periods of possession may become relevant if they contradict testimony later offered in court.

Every case depends upon its particular facts, but clients should assume that photographs posted online may eventually be examined during litigation.

Never Delete Relevant Evidence
After a divorce has been filed—or when litigation is reasonably anticipated—clients should not begin deleting social media posts, text messages, photographs, or electronic communications simply because they believe those items may be harmful.

Destroying potentially relevant evidence may create legal issues far more serious than the original post itself.

If you have concerns regarding your social media activity, discuss those concerns with your attorney before deleting accounts, removing posts, or changing electronic records.

Ask Yourself Whether the Post Helps Your Case
Before posting anything online during a divorce or custody dispute, consider a simple question:

If the judge reads this post six months from now, will it strengthen my case?

If the answer is uncertain, the safest course is usually not to post it.

Most family law cases are decided based upon credibility. Parents who demonstrate maturity, restraint, and sound judgment often present themselves far more favorably than parents who continue litigating the divorce on social media.

Fergus & Tomanka Advises Clients on Electronic Evidence
Social media has become one of the most significant sources of evidence in modern family law litigation. Electronic communications frequently affect custody disputes, property division, credibility determinations, family violence allegations, and financial claims. Understanding what may become evidence before posting online can prevent unnecessary problems later in the case.

At Fergus & Tomanka, we regularly advise clients regarding electronic evidence, discovery, preservation of digital records, and the use of social media in divorce and child custody litigation. Careful planning at the beginning of a case often prevents avoidable disputes and places our clients in the strongest possible position before the court.