As most people are aware there are a lot of concerns about social media with issues of privacy and concerns about who you and your children might be “friending”. In today’s legal climate there are a lot of legal risks associated with the internet that people are not aware of. It is a fairly common practice for school resource police officers to troll social media for students who might be on YouTube, Facebook, My Space and other social media tools, to monitor their activities. In some cases they have taken out criminal complaints if what they found on the social media appears to be a crime.
I just recently had one case in which the school resource officer went as far as charging my client along with a friend of his with the eavesdropping statute for essentially taking a video of another party, supposedly without that other party’s permission. You do see charges whether it is an assault or minor in possession or other crimes that can be viewed.
In addition, it is a common practice among probation officers to look for the probationers and their friends on social media networks to see if there are any posting or pictures showing in violations of their probation. This might include minor in possession of alcohol or talking about it or marijuana or other questioning activities. I have been in court where I have seen children who have ended up being committed to DYS or the house of corrections based on what was posted on the social media networks.
Grandparents rights are very limited. In MA, there is a complaint for grandparent visitation but to meet the burden a grandparent has a high burden. The grandparent must show that they basically cared for the child at some point. It is almost easier to get custody through a guardianship where the grandparent must show that the parent is unfit. In Troxel v Granville, the Supreme court found that a Washington state visitation law was unconstitutional in violating the parents due process rights to raise their children. On a practical level, many probate court Judge's favor the parents and grandparents stipulating to a schedule even if the case might otherwise be dismissed.