Social media has become part of everyday life, but during a Colorado child custody or parental responsibilities dispute, what a parent posts online can take on greater significance. Photos, videos, comments, messages, and other online activity may create questions about parenting choices, communication between parents, or a child's well-being.

When a Colorado court appoints a Child and Family Investigator (CFI), the CFI serves as an investigative arm of the court. The investigator gathers information and makes recommendations concerning the best interests of the child within the scope established by the court's appointment order.

Because information relevant to a family's circumstances can exist online, parents involved in a Colorado Child and Family Investigation should understand how their social media activity could affect the process.

What Does a Child and Family Investigator Do in Colorado?

A CFI may be appointed in Colorado cases involving parental responsibilities, including disputes over parenting time and decision-making. The specific duties of the investigator are established by the court's order of appointment.

The Colorado Judicial Branch explains that a CFI investigates, reports, and makes recommendations to the court concerning the best interests of the children. A CFI generally prepares a written report and may also testify at a court hearing.

Colorado's CFI standards recognize that every family is different, so the type and extent of an investigation may vary depending on the circumstances and the issues identified in the appointment order.

Can Social Media Be Relevant During a Colorado CFI Investigation?

Potentially. Social media content can provide information about a parent's behavior, relationships, activities, or communications. Whether particular content matters will depend on the circumstances of the case and the scope of the CFI's investigation.

A single photograph or comment does not necessarily establish someone's parenting abilities. Context can be important. However, online content that appears inconsistent with statements made during the investigation could create additional questions.

This is one reason parents should be cautious about their digital activity while a Colorado parenting dispute is pending.

Types of Social Media Content That Could Raise Concerns

Many different forms of online activity could become relevant depending on the issues involved in a case. Examples may include:

• Posts criticizing or insulting the other parent
• Public arguments between parents
• Photos or videos depicting potentially unsafe behavior around a child
• Posts discussing alcohol or drug use
• Comments about an ongoing custody or parenting dispute
• Posts revealing information about a child's private life
• Threatening or aggressive communications
• Posts that appear inconsistent with statements made to the CFI or court
• Content involving a parent's new romantic partner or household environment
• Messages suggesting interference with the other parent's parenting time

The importance of any particular post depends heavily on its context. Parents should avoid assuming that social media is irrelevant simply because an account is private or because a post was intended as a joke.

Avoid Posting Negatively About the Other Parent

A contentious family law case can create frustration, but social media is generally not an appropriate place to resolve disagreements with the other parent.

Publicly criticizing a co-parent may draw attention to how the parents communicate and manage conflict. Posts that involve the child in parental disagreements can be particularly problematic when the central issue in the case is determining arrangements that serve the child's best interests.

Parents should also be careful about commenting on court proceedings, CFI interviews, allegations made by the other parent, or information shared by their children.

Privacy Settings Do Not Eliminate the Risk

Setting an account to private can provide some protection from the general public, but it does not guarantee that content will remain confidential.

Friends, relatives, acquaintances, or other people who can view an account may save or share posts. Screenshots can also preserve content after it has disappeared from an account.

Parents involved in a Colorado custody or CFI investigation should therefore consider everything they post as potentially discoverable or shareable rather than relying solely on privacy settings.

Should You Delete Old Social Media Posts?

Deleting content after a family law dispute begins can create additional legal issues, particularly if the material could be relevant evidence.

Instead of immediately deleting posts, messages, photographs, or accounts, consider speaking with a Colorado family law attorney about how potentially relevant electronic information should be handled. An attorney can help you understand preservation obligations and appropriate steps based on the circumstances of your case.

Be Careful About What Children Post Online

Social media concerns are not limited to the parents' accounts. Depending on a child's age, the child's own online activity may reveal information about family relationships, household conditions, conflicts, or emotional concerns.

Parents should avoid pressuring children to post favorable information about them or negative information about the other parent. They should also be cautious about involving children in online discussions about an ongoing family law dispute.

Keeping children away from parental conflict can be particularly important during a CFI investigation.

Practical Social Media Tips During a Colorado CFI Investigation

While every situation is different, parents involved in a Child and Family Investigation may want to use social media cautiously. Consider limiting posts about the other parent, the children, court proceedings, and the CFI investigation itself.

Avoid online arguments and consider reviewing who can view your accounts. Before posting, think about how the content could appear without additional context if it were later reviewed by someone involved in the case.

Most importantly, do not attempt to create an artificial online image solely for purposes of the investigation. Consistent, responsible conduct both online and offline is generally a better approach.

Speak With a Colorado Attorney About Your Child and Family Investigation

A Child and Family Investigation in Colorado can have an important role in disputes involving parenting time and decision-making. Because a CFI investigates the child's circumstances and provides recommendations to the court, parents should carefully consider how their conduct—including their social media activity—could affect the process.

At Peter A Garin Attorney At Law, we provide legal assistance to individuals and families throughout Colorado facing Child and Family Investigations and other family law matters. If you have questions about social media, a CFI appointment, parenting time, decision-making responsibilities, or another issue affecting your case, contact our office to discuss your circumstances.