Above are two interesting, helpful articles as it pertains to practical tips regarding posting pictures of your children on social media.
Per Colorado Family Law, it presents a fascinating issue putting the best interest of the children up against a citizen’s First Amendment Right of Freedom of Speech.
While there is no clear case law on this specific issue, the threshold question is whether the state’s interest in protecting the minor child overrides the parent’s first amendment right.
There are similar issues that arise in the family law context, such as a parent’s constitutional right to travel as it pertains to custody relocation cases. The Court will not prevent a party from traveling/choosing to live in a different state, but if they insist on doing so with a child, the Court will make the ultimate determination based on the best interest of the child. In other words, the Court will state that it cannot prevent you (the parent) from making the move, but if you do so with the child, the Court will make a determination based on the best interest of the child as to where the child should live.
If a dispute does arise in a family law case regarding the posting of pictures of minor children on social media, it is best not to post the pictures. When parents have joint decision making (most cases), it is best to reach a compromise on children issues. If it is one parent’s desire to not post the pictures (as long as there is sound reasoning for the same), it is best to respect that decision. Generally speaking, it is my experience that the Court will choose to protect what is best for the child over a parent’s want or right.
Please contact the Domestic Team at Feldmann Nagel Margulis for all of your Family Law needs.