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July 13, 2010
  The Risks of Social Networks
Posted By Sarah Yekinni- law student & intern

The influx of social networks has connected the world in ways that were previously unimaginable. In recent years we have been inundated with sites like Facebook, Twitter, MySpace, and Skype. They have enabled us to stay in touch with friends and family, reach out to those we have lost contact with, and even connect with complete strangers. While social networks provide undeniable benefits, there is a downside to being so exposed. Some users get a bit too carried away and choose to share aspects of their personal lives that can land them in hot water.

As tempting as it is to post photos of a crazy night out with the girls or your best friend's bachelor party, doing so may have unforeseeable consequences. Aside from the potential embarrassment of incriminating photos or information getting into the hands of an employer, evidence gathered on social networks could come into play in a divorce or custody battle. This can be especially dangerous in fault-based states such as New York where it is necessary to prove a fellow spouse engaged in some wrongdoing. Even in no-fault states, unbecoming photos or information could be used to determine spousal support, child support, or parenting time.

A recent article featured in the Orlando Sentinel discussed the increased role social networking sites play in the courtroom. Over the past five years, divorce attorneys throughout the nation reported an 81% increase in the use of evidence gathered from popular social networking sites. I am not advocating deleting all accounts and disconnecting from the world; however, you should be aware of the potential risks involved in making your private life public. Bottom line, be careful what you post…it may just come back to haunt you!

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June 23, 2010
  Mess with visitation - go to jail!
Posted By Long Island Divorce Attorney

For all of you divorced parents out there who try to use their children as pawns in your revenge against your ex, watch out, jail time could be in your future. In a recent decision by the Honorable Robert A. Ross of the Supreme Court for Nassau County, a mother was recently sentenced to six (6) weekends in jail for alienating the parties children from their father. 

The case, Lauren R. v. Ted R., dealt with the following facts:

1.    The mother continually attempted to 'replace' the childrens' father with her new     
husband;
2.    The mother continually interfered with the father's visitation with the children by either deliberately withholding the visitation or scheduling other activities for them so the father could not effectuate his visitation;
3.    The mother falsely reported sexual misconduct by the father against the children; and
4.    The mother threatened the children with tirades and punishment if they were to        
embrace the relationship they wanted with their father.

While most families go through an emotional upheaval during a divorce, things generally settle down once a settlement is reached or a Judgment is handed down after a trial.  It is in cases as the one described above where a heavy hand is used to punish the wrong-doing spouse.  No matter what, your children are your children and should not be used as pawns in your divorce or custody/visitation hearing.  Try your best to make a life for your children so that you are there in their lives to see them achieve all of life's milestones - after all, would you really want to miss out on birthdays, graduations, ceremonies?  After all, the alternative could be jail!

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