Kanye West's social media posts 'fair game' in divorce proceedings with Kim Kardashian, legal experts say

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Kanye West’s social media posts are “fair game” and could “become evidence” against him in his divorce from Kim Kardashian, according to legal experts.

Kardashian, 41, filed for divorce from West, 44, in February 2021 after seven years of marriage. The two share four children together: North, Saint, Chicago and Psalm.

West has been going after Kardashian’s new boyfriend Pete Davidson in a flurry of Instagram posts, which he continues to later delete. He’s also shared text messages from Kardashian on his account and speaks about their divorce on the social media app.

When it comes to the divorce proceedings, legal experts tell Fox News Digital that social media posts are “fair game” and can be used in custody battles.

Legal experts tell Fox News Digital that Kanye West’s social media rants regarding his divorce from Kim Kardashian could be used in court.

“Social media posts are fair game when it comes to divorce proceedings,” Katherine Miller, founder of New York City-based Miller Law Group, who is not involved in the ex-pair’s case, explained. 

“Kanye West’s rants about his divorce could hurt his arguments on any custody and other parenting issues since he is clearly willing to put his own needs to express his feelings over their best interests,” Miller added.

Decision on custody

Divorce proceedings typically entail a decision on custody, although Kardashian and West have agreed on joint custody of their children at the moment. However, if there were to be a custody battle, social media posts that don’t foster a “healthy parent-child relationship” could affect a judge’s decision, according to California divorce lawyer Mark Ressa.

“Social media posts that show a failure of one parent to foster a healthy parent-child relationship with the other parent can absolutely affect the court’s ultimate determination of custody and visitation; i.e., whether custody is awarded primarily to one or to both parents equally and whether there will be restrictions on visitation, such as supervised visitation,” Ressa, who is also not involved in Kardashian and West’s case, told Fox News Digital.

“Certainly calling into question on social media a parent’s new significant other, especially when children are old enough to access and read social media, does not help foster a healthy parent-child relationship,” he added.

West has aired his grievances against Kardashian’s new boyfriend, the divorce and the reality TV star herself on his Instagram.
(Getty Images)

New York divorce attorney Sandra Radna emphasized that “disparaging” a parent on social media could also be used as “proof” in any potential custody battle.

“If one parent is disparaging the other parent as Mr. West is doing to Ms. Kardashian on social media, that could be used as proof that he will not foster a feeling of love for Ms. Kardashian when he is with the children and that could be a reason for the court to grant sole custody to her,” Radna, who is not involved in the ex-couple’s divorce, told Fox News Digital.

‘I’m still learning’

For his part, West has addressed criticism from many that he was attempting to besmirch Kardashian by divulging private messages and maintained that he has owned up to the mistake and is learning to better manage his impulses. 

“Thank everybody for supporting me,” West recently wrote. “I know sharing screen shots was jarring and came off as harassing Kim. I take accountability. I’m still learning in real time. I don’t have all the answers. To be good leader is to be a good listener.”

In a separate post, West, also known as “Ye,” shared a screenshot of a comment that read: “That’s what a real man does; fight for your family Ye.”


Kim Kardashian and Kanye West got married in 2014 and share four children together: North, Saint, Psalm and Chicago.
(Associated Press)

Meanwhile, one legal expert noted that even if she wanted to, there isn’t much Kardashian can do to keep West from airing his grievances on social media.

“Kim could try asking the court for a gag order restricting both parties from airing their grievances publicly during the divorce, but I doubt she would be successful,” Miller told Fox News Digital. “Free speech is valued in this country, and Kim would have to show a risk of grievous harm in order to be successful,” and “the harm caused by [the social media posts] is mostly to his dignity if Kim can find a way to shield the kids.”

Kardashian could file a non-disparagement agreement, although they are typically added to a final divorce or separation documents, according to Radna.

“Although a non-disparagement clause is something that is typically in the final divorce or separation agreement, the court may issue an interim non-disparagement order immediately since Mr. West continues to publicly disparage Ms. Kardashian,” she told Fox News Digital.

Fox News’ Julius Young contributed to this report.

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