In today’s digital age, a single social media post or text message can have a significant impact on the outcome of a child custody case in Mississippi. Many parents assume that their private messages or online activities are off-limits in court, but the reality is different. Digital communications are increasingly being used as evidence in family law proceedings and can support or undermine a parent’s position in a custody dispute.

Digital Evidence Is Admissible in Mississippi Family Courts

Under Mississippi Rule of Evidence 901, electronic communications, including text messages, emails, social media posts, and even deleted content recovered using forensic tools, can be admitted as evidence if they are properly authenticated. This means that if the message can be verified as originating from the person who sent it (for example, through phone records, metadata, or witness testimony), it can be presented in court.

The Mississippi courts evaluate custody cases based on the “best interests of the child” standard as defined in Mississippi Code § 93-5-24(1). Factors considered include parental stability, moral fitness and the willingness to foster positive relationships with the other parent. Unprofessional tweets, angry voice messages or photos of inappropriate behaviour can be interpreted as signs of poor judgement or instability and may influence the court’s decision.

Common Ways Digital Content Harms Custody Cases

Negative Comments About the Other Parent 

Making disparaging remarks about your ex-partner, even in a private chat group, can be seen as a sign that you are unwilling to maintain a healthy co-parent relationship. The courts in Mississippi strongly support parents who promote a positive relationship between the child and both parents, unless there are safety concerns.

Inconsistent Statements

If you claim in court that you are always at home with your child, but your Instagram posts reveal frequent late-night activities, this contradiction could harm your credibility.

Evidence of Substance Use or Reckless Behavior

Photos or videos of alcohol consumption, drug use, or dangerous environments (such as parties with unfamiliar people) may raise concerns about your ability to create a safe and stable home for your children.

Threats or Hostile Communications

Texts containing threats, insults, or manipulative language may be cited as evidence of emotional instability or potential domestic conflict, which can weigh heavily against a person’s custody award.

What You Should Do: Protect Yourself Online

If you are involved in or anticipating a custody dispute in Mississippi, please take the following steps immediately:

• Pause all social media activity related to your case or co-parentage.
• Do not delete messages or posts – this can be seen as tampering with evidence and may lead to court sanctions. 
• Use neutral and respectful language in all communications with the other party. Remember that everything you write can be used in court. 
• Avoid venting online, even on “private” accounts. Screenshots can be shared and privacy settings do not offer legal protection.

As noted in In re Brown, 2018 WL 6071828 (Miss. Ct. App. 2018), the courts have upheld the use of social media posts as a tool to assess a parent’s character and parenting abilities.

How an Experienced Attorney Can Help

At Gregory D. Keenum, PA, we have firsthand seen the impact of digital footprints on custody outcomes. With more than 49 years of experience serving families in Booneville and North Mississippi, our firm helps clients navigate the intersection of technology and family law. 

Our attorneys provide strategic guidance to help clients avoid potential problems before they happen. Whether it’s collecting evidence of a parent’s wrongdoing or ensuring that communications are not misunderstood, we tailor our approach to each situation.

The Bottom Line

In Mississippi, your digital footprint can be part of your court record. What you post or share online may have a significant impact on the court. It is best to be cautious, consistent and consult with a knowledgeable family lawyer who understands both the law and local judicial procedures.

If you’re facing a custody dispute and aren’t sure how your digital communication might affect your case, please contact Gregory D. Keenum, PA, today.