Think Before Posting on Social Networks
Everyday millions of people log into their favorite social networking sites to start their day, catch up during the day and end the day visiting with friends, business associates or looking for new contacts. What we are all doing is giving and receiving information about ourselves and others! A recent Pew Report states that 50% of the U.S. population uses social networking websites on a regular basis and 26% of the 50+ population engages in social networking!
Other interesting facts from Pew Reports: the U.S. 18-29 year-olds use their cell phone for the internet compared with 49% of 30-49 year-olds and 21% of 50+ users. The popularity of texting, taking pictures or video is increasing the use of social networking sites for all ages. These users of social networking and messaging services post information without much discretion or future perception as to what is said and how this information can legally be used against them down the road.
The Ten Most Popular Social Networking Sites of 2012 – taken from Hitwise.com (1/7/2012)
1. Facebook, 64.28% visits share
2. You Tube, 19.57% visits share
3. Twitter, 1.48% visits share
4. Yahoo!Answers .96% visits share
5. Tagged, .75% visits share
6. Linkedin, .67% visits share
7. Pinterest.com, .48% visits share
8. MySpace, .44% visits share
9. Google+, .42% visits share
10. MyYearbook .39% visits share
You should exercise careful thoughtful judgment when posting on social networking sites.
Think before your post! Could this post , which is one click away to immortality, be potentially damaging to you, others you care about or business relationships?
In today’s world, many lawyers are asking very specific questions to their clients concerning email addresses, use of social networking sites and types of personal information the client has posted about themselves, or information publicly disclosed from other people’s social networking. Many lawyers now ask their clients to stop using or to deactivate their social networking sites during their litigation process. Better safe than sorry!
The use of Electronically Stored Information (ESI) is now starting to be addressed by the U.S. Government and many states regarding usage for legal issues. The Federal Rules have been recently amended to mention ESI and set up a framework on dealing with this information. The new rules include ESI to email, web pages, word processing files, computer databases, and just about anything that is stored on a computer. The definition of ESI also includes traditional email, instant and text messaging, voice mail, personal webmail, blogging and other new emerging technologies. Potential relevant information from any of these sources must now be preserved by litigants in the federal courts. Just remember what you do or say online can and will be used against you and distorted since “you said it”!
Ho! Ho! Ho! Texas Children’s Visitation Schedules and the Holidays
The Holiday season is now upon us and hopefully all parents have worked out the upcoming visitation schedules for the 2011 Holiday Season. But if not….. Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for Holidays.
§ 153.314. Holiday Possession Unaffected by Distance Parents Reside Apart.
The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. The possessory conservator and the managing conservator shall have rights of possession of the child as follows:
Christmas Break:
(1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;
(2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;
Thanksgiving:
(3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;
Child’s Birthday:
(4) the parent not otherwise entitled under this standard order to present possession of a child on the child’s birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place;
Father’s Day:
(5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father’s Day and ending on Father’s Day at 6 p.m., provided that, if he is not otherwise entitled under this standard order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place;
Mother’s Day:
(6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother’s Day and ending on Mother’s Day at 6 p.m., provided that, if she is not otherwise entitled under this standard order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place.
Texas child visitation orders may differ from the norm to accommodate family situations so you should always check your decree first! If in doubt about your holiday visitation time’s contact someone who can help you to make sure nothing happens to affect this special season with your children. ‘Tis the Season!
NACOL LAW FIRM P.C.
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization