AC
Anasayfa Makaleler Aile Hukuku

Social Media Posts in Custody Case: Child's Best Interest Test

TL;DR

Mahkeme velayet kararını verirken ebeveynin sosyal medya paylaşımlarına bakar; alkollü kutlama, şiddet imaları, çocuğu mahcup eden post velayeti riske sokar.

15 Şubat 2026 Aile Hukuku 3 dk okuma 5 görüntülenme Son güncelleme: 9 Mayıs 2026

The court grants custody based on the best interests of the child; The parent's social media posts now directly affect the decision.

Headlines evaluated by the court

  • Post containing alcohol/drug use.
  • Sharing with violent implications (gun photo, aggressive comment).
  • Non-consensual image / distressing images of the child.
  • A post clearly targeting the ex-wife.
  • Introducing the new partner to the child early.
  • Spending relatively more than earning / displaying luxury consumption (financial status inquiry).

Arguments used by the other party

  • "Exposing the child on social media" (privacy violation).
  • "The lifestyle is not suitable for the child" (privacy, social environment).
  • "Financial situation is different from what he declared".
  • "The time spent with the child is unrealistic" (post-historical analysis).

Strategy

  • Social media audit with lawyer (past 3 years).
  • The risky post is archived and deleted (sudden deletion during the trial will cause harm; it should be done 6 months in advance).
  • The account is private.
  • Shares are made with the child's face covered.
  • Personal brand tone is neutralized (angry, polemic, alcoholic shots).

    • Frequently asked questions

    Did my ex-husband tell me to delete Instagram?

    The court does not want you to delete it; However, content that harms the child must be cleared. Mass deletion may be considered obfuscation of evidence in the trial process; It should be done with justification and caution.

    Old post used against me; Can I take it back?

    Deleted post may come back with Wayback Machine + Instagram data request. It is recommended to explain the reason to the court (e.g. "shared without permission").

    Is it enough to close my account?

    No, old content can be restored. Combined strategy of "content deletion + archiving" + "account freezing" + "neutral profile on new account".

    Will sharing my child's photo be reflected in the court?

    If the child's face is exposed, it may be considered non-consensual sharing (the spouse's consent is also required). The consent of a child over the age of 12 is important. Explicit sharing mitigation is recommended.

    Is LinkedIn / X (Twitter) sharing also a problem?

    Yes, it is used in financial situation + business time arguments. "Permanent holiday" "luxury restaurant" is open to the counter argument. Keep the professional account separate from children's topics.

    Relevant legislation

    • Law No. 6284 — Injunctions to prevent domestic violence.
    • TCK art.134-136 — Violation of privacy; image/audio recordings.
    • TCK art.103, 226 — Sexual abuse / obscenity against a child.
    • TCK Article 106 (threat), Article 125 (insult) — Crimes frequently applied in cyber bullying.
    • Law No. 5651 art.9/A — Urgent content removal.
    Legal notice: This article is for general information purposes; A meeting with a lawyer is required for a concrete case. Durations, rates and application are shaped by jurisprudence; Check the current legislation before applying.

    Kaynaklar ve referanslar

    Kaynaklar

    Velayet Davasında Sosyal Medya Paylaşımları: Çocuğun Üstün Yararı Testi içeriği hazırlanırken resmi mevzuat ve yüksek yargı kaynakları esas alınmıştır.

    Telif bildirimi This content and all related Q&A texts are protected under Turkish Copyright Law No. 5846. Unauthorized copying, reproduction, publication, adaptation, bulk extraction, or commercial use is prohibited; legal and criminal remedies are reserved in case of infringement.

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