Legal Question in Family Law in Utah
Personal blog and custody
I'm about to begin a potentially nasty custody battle with my ex-wife. She knows I've kept a personal blog for the past several years, and thinks there might be content in there that could be used against me in the custody case. My blog is private, not accessible to the public, and essentially serves as my electronic diary. Very little of it has anything to do with the children or her; it's simply my own personal thoughts and feelings from the day. It is, however, VERY personal, and not something I'd want anybody else reading (especially her). Can she subpoena the information contained in my blog? And if so, would there be any legal repercussions if I were to delete the entire blog before the custody case begins?
2 Answers from Attorneys
Re: Personal blog and custody
She can issue subpoenas for the information. Computers and blogs have become a big issue in many domestic cases. As for deleting the information, it is a vague area of law. However, many times when you delete items they are not truly deleted and can be recovered. This could be an interesting area of law to work with in this type of case. However, this can also be very expensive. Feel free to contact us. My office travels statewide.
Re: Personal blog and custody
The blog can be subpoenaed, but you may be able to redact (back out) sections which have nothing to do with the case.