Can Facebook hurt your visitation rights?

[VAEngineer]

My brother moved out of he and his wife's house in early May 2010. He was legally separated in mid July, and the separation was uncontested. They have two young children, ages 2 and 4 together. His wife was awarded custody of the kids but he was given very good visitation rights and has the kids about 3 nights a week, due to his wife's work schedule.

Recently, as far as I know, my brother started dating another woman. The divorce is not final. My brother says his lawyer advised him it was ok to date. My brother, in true vindictive form, has been posting pictures of himself and his new girlfriend all over the internet (Facebook). The pictures include shots taken in hotels, on mini vacations etc. What bothers me is that they date back to before the separation was legal.

He has also begun to smoke, according to the pictures. The wife is a non-smoker and despises cigarette smoking. He has also posted updates that refer to him drinking alcohol during working hours.

I approached him about the stupidity of this and he blew up, saying to mind my business and he talked to his lawyer and she said it was ok. I find it hard to believe a lawyer would say this behavior is ok.

My question is, can this type of recklessness online lead to the loss of visitation rights?

 

[Proserpina]

Smoking, drinking and dating aren't illegal.

He's being an idiot if you ask me, but that's his right.

If Mom can prove that his actions are endangering the welfare of the children, visitation could be modified to the degree that he's only allowed to see the kids supervised.

But I don't see that happening here.

His attorney knows the local climate and how the courts likely see things like this; if she says "ok", there you have it.

 

[VAEngineer]

Thanks for the reply. It makes me feel better. However I am sure the lawyer isn't getting the full story.

Drinking during working hours, before picking kids up from daycare on your visitation days, isn't a cause for concern?

 

[Proserpina]

He is legally allowed to drink. Even around the children.

As long as they are not being neglected or abused, he's fine. If his employer doesn't have a problem with it, it's a non-issue.

Now if he's picking them up and driving drunk...THAT is a problem.

Of course if that was the case you'd have called the cops, wouldn't you?

 

[VAEngineer]

He is a moron (actually he is a doctor), but I seriously doubt, actually I know he woud never endanger his kids like that. My concern is that an extremely angry ex-wife could use circumstancial evidence from his facebook page against him. If there is the slightest possibility of losing visitation rights, I just don't understand why he would risk it for the sake of social networking. We don't expect him to not have a life, we just don't want him posting it on the intenet for all to see.

However if there is zero chance of losing visitation rights, I'll drop the subject with him.

 

[jacksgal]

We do not know the people, the postings or the situation no one can give a claer yes or no

 

[VAEngineer]

Thanks jacksgal. That basically tells me what I wanted to hear. A judge won't know him either. He will base his judgement on the evidence presented to him, and my guess is that when children are involved, they will always err on the side of caution. Sounds like I need to continue trying to beat some sense into him.

 

[army judge]

Thanks jacksgal. That basically tells me what I wanted to hear. A judge won't know him either. He will base his judgement on the evidence presented to him, and my guess is that when children are involved, they will always err on the side of caution. Sounds like I need to continue trying to beat some sense into him.

Your brother's actions will hit his bank account. Then he'll wake up. Until that happens, he'll continue to play the role of the village idiot quite well. Keep trying to talk some sense into him. It will also affect his business associations. Word gets around. By the way, no lawyer told him any such thing. He's doing what kids do, hearing what he wants to hear.

 

[Gail_in_Georgia]

Just a quick reminder that South Carolina IS one of the bible belt states. A no-fault divorce requires that a couple live separately and not cohabitate for a year. While I realize that you've not written that your brother wishes to do that with the wife I point this out to remind him that this is a fairly conservative state. Good grief man, as the attached points out the court can review the religious background of each parent to determine custody and visitation.

It would be to his benefit not post evidence of his adultery all over the internet, especially since small children are involved in this divorce.

http://www.divorcesource.com/info/divorcelaws/southcarolina.shtml

Gail