New York Family Law Blog
This case involved a dispute between parents over custody of their child, which led to additional issues related to the father’s use of social media. The Family Court addressed concerns raised by the mother and the attorney for the child (AFC) regarding the father’s social media activity, which included sharing details about the custody proceedings and disparaging the mother and her family.
The mother sought sole legal and physical custody, while the father engaged in public commentary about the case on social media platforms. The father allegedly posted blogs and images of the child, as well as statements criticizing the mother and her family. The attorney for the child filed a motion requesting that the court prohibit the father from continuing these activities, arguing that they were not in the child’s best interests. The motion also sought an order directing the father to delete all existing content related to the case. The father did not oppose the motion or appear at the related hearing. The Family Court granted the motion and ordered the father to refrain from posting about the case or the mother’s family and to delete any existing related content. The father appealed, arguing that the restrictions were overly broad and violated his First Amendment rights.
Question Before the Court
Whether the restrictions imposed by the Family Court on the father’s social media activity were lawful and appropriately tailored to the circumstances of the case.
Court’s Decision
The appellate court partially modified the Family Court’s order. It upheld the restrictions preventing the father from posting about the case, displaying the child’s likeness, and disparaging the mother or her family. However, it struck down the requirement for the father to delete “any existing blogs and likenesses,” finding that this restriction was overly broad. Instead, the father was directed to delete only content directly related to the proceedings or disparaging the child’s relatives.
Discussion
The court recognized the potential harm of social media activity in sensitive family law matters. Publicly sharing details about custody proceedings or disparaging remarks about family members can harm a child emotionally and disrupt their stability. In this case, the father’s posts included the child’s image and detailed allegations, raising concerns about the child’s privacy and the mother’s reputation.
While the First Amendment protects free speech, it does not grant an unlimited right to publish content that may harm others. Courts may impose restrictions on speech if the restrictions are necessary to prevent harm and are narrowly tailored to achieve that goal. The appellate court found that the Family Court’s restrictions were appropriately tailored, except for the broad mandate requiring the deletion of all blogs and likenesses.
The appellate court emphasized the importance of tailoring restrictions to the specific circumstances of each case. The court struck down the broad requirement for the father to delete “any existing blogs and likenesses,” noting that it could apply to unrelated content. Instead, it limited the deletion requirement to content directly tied to the case or disparaging the mother’s family.
In custody disputes, courts prioritize the child’s best interests over other considerations. The restrictions on the father’s social media activity were intended to shield the child from emotional harm and to maintain stability during the proceedings. The appellate court found that these goals justified the limitations imposed on the father’s speech.
Conclusion
The appellate court’s decision in this case highlights the challenges of balancing free speech rights with the need to protect children in custody disputes. Social media can amplify the emotional toll of these disputes, making it necessary for courts to intervene when a parent’s online activity poses risks to the child’s well-being. Parents involved in custody disputes should exercise caution when discussing their cases publicly. Courts have the authority to impose restrictions to protect children and ensure that the focus remains on their best interests. If you are navigating a divorce or custody dispute and need guidance, contact an experienced New York divorce lawyer at Stephen Bilkis & Associates. Our team is here to help you understand your rights and advocate for your family’s well-being.