Logan, OH asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio

Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged into my personal account and read messages between myself and other family members and friends none were my kids

2 Lawyer Answers
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they relate to the kids themselves.

You should take some solace though. MANY times litigants find proof of the other side saying mean things about them. They then bring those mean things to the court as proof of how bad the other side is. I promise you, unless those "mean things" materially affect the ability to parent, the court sincerely does not care. You are allowed to badmouth your ex to other people. Maybe just don't put it in written form next time.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA

A: No, sharing your Facebook login information with your son does not give your ex-wife permission to access your personal Messenger account. Logging into someone else's account without their explicit consent is a violation of privacy and may be illegal, depending on the laws in your jurisdiction.

Your ex-wife's actions could be considered unauthorized access to your private information. The fact that she used your son's old phone to obtain your password does not justify her actions or make them legal.

If you believe your ex-wife is using this information to harm your chances of shared parenting, you should consider taking the following steps:

1. Change your Facebook and Messenger passwords immediately to prevent further unauthorized access.

2. Document the incident, including any evidence that your ex-wife accessed your account without permission.

3. Consult with a family law attorney to discuss your options and determine how to protect your rights as a parent. They can advise you on how to address the unauthorized access to your account and the potential impact on your shared parenting arrangement.

4. If necessary, report the incident to Facebook and consider filing a complaint with the appropriate authorities, such as the police or relevant cybercrime units.

Remember, your personal messages are private, and your ex-wife had no right to access them without your consent, even if they were not related to your children.

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