If my child’s father is black and I am white and he is making racial remarks on social networking sites, can this be used against him in a custody hearing?

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If my child’s father is black and I am white and he is making racial remarks on social networking sites, can this be used against him in a custody hearing?

He and I were never married; he was extremely abusive (physically, mentally, emotionally). When I was able to get my daughter and I somewhere safe a judge granted me all legal rights with him having no rights to her whatsoever. Now he goes to facebook and attacks white people and myself for his actions and inability to be able to see his daughter.

Asked on January 6, 2012 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is obvious that the use of social netweorking sites has explode in recent years.  Your question is really "evidentiary" meaning what types of evidence are permitted to be used and presented in legal matters.  How the statements in a social netweorking site are viewed under your state law matters.  There is something called "heresay" and "statements against interest" as exceptions.  There is the issue of confiming that he actualy wrote the statements.  What if some one had access to his "wall" and posted these comments?  I do think that you can try and use the information in some aspect of the proceeding to help show even that if it were not hi his associations are suspect.  But seek help from ana ttorney in your area to be sure on how your state law will apply the "evidence."  Good luck.


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