Steve Nash Case Shows How Social Media Can Affect a Child Custody Dispute

Social media can create significant problems during a divorce or child custody case. A frustrated parent may believe that a post criticizing the other parent is simply a way to vent. However, online comments can potentially violate a court order, damage an existing co-parenting relationship, and become evidence in family court.

Former NBA star Steve Nash’s divorce from Alejandra Amarilla Nash provides a notable example. The couple married in 2005, had twin daughters and a son, and divorced in 2011. Their post-divorce litigation included disagreements involving child support and the terms of their joint custody arrangement.

The Parents Agreed Not to Disparage Each Other

As part of their joint custody agreement, Nash and his former wife agreed to communicate respectfully and refrain from making negative statements about one another in the presence or hearing of their children. The agreement was intended to protect the children from being drawn into their parents’ disagreements.

After the divorce, Amarilla Nash reportedly posted a sharply critical comment about Nash on Twitter, which is now known as X. A parenting coordinator cautioned her that negative social media posts could violate the parents’ agreement. The family court subsequently entered an order prohibiting both parents from making disparaging comments about each other through social media.

Amarilla Nash appealed the order, arguing that it improperly restricted her First Amendment right to free speech.

The Arizona Court of Appeals Upheld the Restriction

In Nash v. Nash, 307 P.3d 40 (Ariz. Ct. App. 2013), the Arizona Court of Appeals upheld the restriction on disparaging social media posts. The appellate court emphasized that the parents had already agreed to limit statements that could negatively affect their children’s relationship with either parent.

The court also recognized the unique nature of social media. Even when a post is not directed to a child, it can be copied, shared, saved, or discovered later. Because Nash was a well-known public figure, critical comments about him were particularly likely to receive attention and eventually reach the children.

The court concluded that extending the parents’ existing non-disparagement agreement to social media was consistent with the purpose of that agreement. The ruling did not establish that courts can prohibit every critical statement made by a former spouse. The parents’ prior agreement and the likelihood that their children could encounter the comments were important considerations.

Disparagement Is Different From Defamation

This dispute is sometimes described as involving “slander,” but disparagement is the more accurate term. Slander generally refers to a defamatory statement that is spoken, while libel ordinarily involves a defamatory statement made in writing. Disparagement is broader and can include insulting or demeaning comments even when those statements do not satisfy the legal requirements for defamation.

In a custody case, social media activity does not necessarily have to qualify as defamation before it creates problems. A post might violate a parenting plan, non-disparagement provision, protective order, or other court directive. It may also be offered as evidence concerning a parent’s judgment, willingness to cooperate, or efforts to support the child’s relationship with the other parent.

Stange Law Firm, PC provides additional information about how smartphone and social media evidence may be used in divorce litigation. Electronic communications, photographs, location information, and public posts can all potentially become relevant during a family law dispute.

Think Carefully Before Posting During a Family Law Case

Parents involved in divorce or custody litigation should assume that anything posted online could eventually be seen by the other parent, the children, the attorneys, a custody evaluator, or the court. Deleting a post later may not solve the problem because another person may have already preserved it through a screenshot or download.

Before posting about a former spouse or an ongoing family law case, consider whether the statement:

• Violates a court order or parenting agreement;
• Criticizes or embarrasses the other parent;
• Reveals private information about the children;
• Discusses allegations being litigated in court;
• Could interfere with the child’s relationship with either parent; or
• Would be uncomfortable to explain to a judge.

The potential use of online material is not limited to Facebook, Instagram, or X. Information posted on professional platforms can also become relevant. For example, a person’s employment history, job title, claimed accomplishments, or other statements on LinkedIn could potentially affect disputed financial issues. More information is available in the firm’s article, “How Can LinkedIn Pages Help in a Divorce?”

Social media is rarely the best place to process anger about a divorce. Speaking privately with an attorney, counselor, or trusted friend may provide a safer and more productive outlet.

Speak With a Family Law Attorney About Your Situation

Every family law matter is different, and the treatment of social media evidence and non-disparagement provisions can vary by jurisdiction. If you are involved in a divorce, child custody, child support, paternity, or another domestic relations matter, Stange Law Firm, PC can discuss your circumstances and help you understand your options.

To schedule a confidential consultation, call 855-805-0595 or contact us online.