Social Media Restrictions and Child Custody

Today, the Mississippi Court of Appeals decided Harden vs. Scarborough located here.  The trial court had restricted both parents from posting pictures to social media of their child and also enjoined them to going to their child's school.  The Court of Appeals reversed and rendered the judgment.  They noted:  ... “[i]n the absence of conduct harmful to children, . . . a court cannot dictate what would normally be parental decisions about a child’s health, education, and welfare.”  Deborah H. Bell, Mississippi Family Law § 12.05 at 368 (2d ed. 2011); cf. Cox v. Moulds, 490 So. 2d 866, 868 (Miss. 1986) (“something approaching actual danger or other substantial detriment to the children—as distinguished from personal inconvenience or possible offense to middle class sensibilities—is required before a chancellor may restrict visitation”); Mord v. Peters, 571 So. 2d 981, 983-86 (Miss. 1990) (similar).  As to social media, Scarborough and Harden will just have to get along.  As to visits to Rhett’s daycare or school, they should follow the policy that the daycare or school sets for all parents.  We reverse and render as to these provisions of the chancery court’s final judgment."