Shall We Incorporate A Social Media Provision?


Today, social media affects individuals and families on a daily basis. It has become a part of everyday life, whether an individual is posting a picture or tweeting about his or her day. Many couples are wondering whether or not guidelines regarding social media accounts and posts should be included in prenuptial and postnuptial agreements. Individuals believe that rules and regulations governing social media accounts are extremely important. One of the major benefits to incorporating a social media provision into a prenuptial or postnuptial agreement is the protection it affords to one's personal reputation, families reputation, or business reputation.


The first form of custody a parent may be awarded is legal custody. Legal custody gives a parent the ability or power to make decisions on behalf of the child. The decisions by the parent could include things such as the child’s education or their medical requirements. In granting legal custody to a parent, the court will inquire into whether that the parent is of a sound mind, and a good decision maker.


Some couples are opting to exclude last names from social media accounts or keep a maiden name under those accounts. If someone is a business owner or a high-level executive, it is important to maintain a positive image to the community. This can be jeopardized if a picture is posted portraying an individual in a different light. Prenuptial and postnuptial agreements can include provisions that limit the types photographs or topics of discussion allowed on one's social media account. In addition, it assists in maintaining an individual's privacy.


Within the above two categories of custody, there is sole custody and joint custody. A parent may have sole physical custody, or sole legal custody of the child. Sole custody is not often rewarded in child custody battles because it essentially eliminates the parent from the child’s life. However, if a parent is found to be unfit, the court will award sole custody to the other parent. Drug and alcohol problems, or a history of abuse can all render a parent unfit to obtain any custody of the child. It is possible that one parent can be granted sole physical custody while also joint legal custody. This would allow the other parent to have an equal say in the decisions regarding the child.


Below are provision topics pertaining to social media that are commonly incorporated into prenuptial or postnuptial agreements:

  • Tagging individuals, locations, or businesses.
  • Topics of discussion such as politics, money, business, family members.
  • Limiting the number of social media accounts such as Facebook, Twitter, Instagram, Snapchat, and LinkedIn.
  • The frequency for using the applications.
  • Accepting requests and requesting others.
  • Pictures and posts about children.
  • Pictures and posts about other family members and friends.
  • Accessing the other spouse's social media accounts or having a joint account.


These are some of the topics available to couples addressing social media concerns in prenuptial or postnuptial agreements. The provisions within the agreement may be tailored to meet your individual needs. It is important to speak with an experienced and knowledgeable family law attorney who can assist you developing an agreement. It is important to remember that when executing a prenuptial or postnuptial agreement, both parties should have separate, experienced and knowledgeable counsel to negotiate and draft the terms and conditions of an agreement.


If you are looking to address social media concerns within a prenuptial or postnuptial agreement, the experienced Long Island divorce attorneys at Larry McCord & Associates, LLC can guide you through the process. Please contact Larry McCord and Associates, LLC at (631) 643-3084 to learn more about the firm's services.


 

 

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