I have previously written about FaceBook in the context of overall social networking sites and about Social Networking sites making their way into the Courtroom. Now there is another twist to the FaceBook phenomena and child custody battles.
This time it was an Indiana woman who created a fake Facebook profile to get information from her ex-husband to use in a custody battle. Her unscrupulous act backfired on her when the father discerned the motivations of the person behind the fake profile.
The father, David Voelkert, was arrested by FBI agents on June 3 for allegedly installing a listening device in his wife’s vehicle. However, it turns out that it was just a ruse to expose the wife.
In late May 2011 the 29-year-old ex-wife, Angela Voelkert, using a fake Facebook page under the pseudonym “Jessica Studebaker” spied on her ex-husband through the site. Angela was purported to be a young girl who attended high school and worked at Subway when she contacted David. Even though Angela had a friend write the introductory message to David he still caught on as to what it was – an attempt by his wife to engage him in conversation and collect information for the custody battle.
David told “Studebaker” that he was planning to kill his wife and escape with his children and that he had installed a listening device in her car. David duly documented the ruse by having a letter notarized about a week before the messages were sent. He stated, “I am lying to this person to gain positive proof that it is indeed my ex-wife trying to again tamper in my life. In no way do I have plans to leave with my children or do any harm to Angela Dawn Voelkert or anyone else.” After FBI agents interviewed the bank worker who notarized the letter David Voelkert was released.
This is one of those types of incidents that will not gain one favour with a judge during a child custody proceeding. Indiana Code 31-17-2-8 does provide for the 8 factors that a court must consider in an initial child custody decision or modification. Of those is the mental health of the parents and a pattern of domestic violence which has been broadly defined to include stalking or cyber-stalking.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Make a suggestion for me to write about.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions. 
No comments:
Post a Comment