Attorneys in Victorville, California report that they are using social programs on the Internet, such as MySpace, to find information to help them in child custody cases in court. Reportedly, parents go to social networking websites to find photos of the mother or father of a child showing that the parent is doing something adverse to the best interest of the child. For example, using alcohol or drugs in the presence of the child, according to photos posted on the websites.
In family law, in the State of California, evidence is testimony given under penalty of perjury, but also may include documentary and photographic exhibits. Evidence may include any document or exhibit that the trier of fact finds is relevant to the best interest of the child.
Conduct of Parents: California cases report or incidents involving parental conduct that one parent has tried to use against the other parent in a child custody case. A review of cases show that a parent's past conduct in these areas has been used in child custody
cases:
Adultery
Cohabitation
Domestic violence
Homosexuality
Past Acts/Crimes
Religion
Unclean hands
Unconventional lifestyle
Visitation Frustration
Working mothers
The case of Evans v. Evans (2008) 162 Cal.App.4th 1157, 76 Cal.Rptr.3d 859 involved a case where a former Husband filed a motion against his former Wife who was publishing defamatory information about Husband on the internet. This case did not involve a child custody issue however it raises the possibility that a parent may have harmful information about him or her on the Internet that was not posted by that parent.
