Custody Modification: Social Media, a Verification, and a Prediction Request
Your firm represents the mother in a contested custody modification. Father's sworn financial affidavit states monthly income of $4,200. Discovery produced bank statements showing average monthly business deposits of $18,000 and a new truck financed at $1,100 per month. The mother forwards screenshots from the father's new girlfriend's public Instagram showing the father on a boat and a caption about 'our new place.' The disclosure deadline is five days away and the hearing is in ten. The mother is out of state and texts you: 'Sign the verification for me-you know the facts.' She also asks, 'What are my chances of getting full custody?' The father's attorney has offered to exchange informal documents instead of formal discovery, and the mother wants to accept to save money.
1. How should you handle the Instagram screenshots and the social media evidence?
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Public social media can be used, but it must be preserved and authenticated, not just screenshotted onto a phone. I would capture the URL, date, time, account name, and full page, with metadata if possible, and save the original files. I should not create a fake account, 'friend' the father or girlfriend under false pretenses, or access anything private; that can create ethics and evidentiary problems. I can review what the mother already sent, verify whether the posts are public, and prepare an exhibit list. The attorney decides relevance and how to use the boat and 'new place' posts-they may support an income or lifestyle argument but may also be hearsay or misleading without context. I would also check whether the posts are still live and preserve them before the hearing, because deleting or altering them could raise spoliation issues. The paralegal's job is preservation and organization, not the strategic call.
2. Can you sign the verification for the mother, and what should you do instead?
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I cannot sign the verification. A verification is the client's sworn statement that the pleading is true, and signing it for her would be a false statement, could expose her to perjury or dismissal, and is unauthorized practice. I also should not notarize it if I have any interest or if she has not appeared before me. The practical solution is to send the verification by overnight courier or use an approved remote online notarization process, with the attorney's approval, and have her sign and return it before the filing deadline. I would prepare the form, explain where to sign, and calendar the return. If time is short, the attorney can request an extension or file without the verification only if the rules permit. I would document that I declined and offered the compliant option.
3. How do you respond to 'What are my chances of getting full custody?'
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I cannot predict her chances of getting full custody. That is a legal judgment based on the statutory factors, the evidence, the judge, and the credibility of witnesses, and it is the attorney's to make. I can explain the process, the upcoming hearing, the disclosure deadline, and what documents we still need, and I can tell her the attorney will discuss strategy. I should not say 'you'll win' or 'the Instagram posts prove he's lying.' I would relay her question to the attorney and set a call. Giving a prediction creates reliance and can damage the case if it is wrong.