Question

Social Media and Divorce:

John and Mary have been married for 10 years. Recently, they have been experiencing marital problems and have decided to file for divorce. As part of the divorce proceedings, the court needs to determine the custody of their two children, Emma and Ethan.

During the marriage, John was always fond of posting pictures and sharing updates about their family on social media platforms. Mary, on the other hand, preferred to keep their personal lives private. Now, Mary is concerned about the potential impact of these posts on the custody arrangement.

Consider the following scenario and answer the questions that follow:

1. Can Mary use John's social media posts as evidence in the custody proceedings? Explain the relevant provisions of the Civil Code, Family Code, and any relevant laws or jurisprudence.
2. What factors will the court consider in determining the custody of Emma and Ethan, aside from the social media posts? Explain.
3. If the court awards sole custody to Mary, can she change the surnames of Emma and Ethan without John's consent? Discuss the applicable laws and procedures.