- 08-Aug-2025
- Marriage and Divorce Laws
In today’s digital world, children’s digital assets are becoming increasingly important. These can include social media profiles, online accounts, video game inventories, and even digital content like photos, music, and videos. While traditionally custody agreements focus on physical assets, such as the child’s residence and educational needs, digital assets are now emerging as new considerations in custody disputes. Courts and parents are beginning to address the management and ownership of these digital assets, as they are increasingly tied to a child's identity, activities, and social interactions.
Traditionally, custody agreements focused on physical possessions and the child's well-being, but in recent years, digital assets have gained importance. This includes not just social media profiles and email accounts, but also virtual assets in online games, such as skins, in-game currencies, and gaming profiles.
Courts have started to recognize that children’s digital lives are integral to their personal identity and social interactions, making it important for custody frameworks to also consider digital rights.
In many cases, parents are granted control over the child’s digital assets, especially if the child is under the age of majority (usually 18 years old). This means parents may have the ability to manage, limit, or restrict access to social media accounts, gaming platforms, or other online services.
Custody agreements may include provisions about who has the right to access or manage the child’s online presence, especially when parents disagree about the safety or appropriateness of certain activities. For example, a parent might want to restrict access to certain social media platforms or online groups that they deem harmful.
Some custody disputes may center around access to a child’s social media accounts, as these accounts can represent an important part of the child’s digital identity. Disagreements may arise about whether a parent can have access to the child’s accounts or monitor their online activity.
Courts are cautious about privacy rights, especially for older children and teenagers. In cases where a child is old enough to manage their own online accounts, courts may be hesitant to allow parents full access or control over these accounts, considering digital privacy laws and the child’s rights to manage their own digital life.
Many digital assets related to video games involve virtual currencies, rare items, and in-game purchases. These can hold real-world value, and disputes may arise regarding the ownership and distribution of these items during custody battles.
Courts may be asked to decide who gets control of these virtual assets, and whether they should be treated similarly to physical property in a divorce or custody agreement. While virtual property is intangible, it can hold significant emotional or financial value, especially in cases where the child has spent significant time or money building up a gaming profile.
In cases where parents disagree about how to handle the child’s digital life, a court may be asked to intervene. Courts will often look at the best interests of the child, considering the child’s need for digital safety, privacy, and freedom of expression.
Courts may also address the ownership of digital assets. For example, if one parent has purchased digital items (e.g., a gaming console, online subscriptions, or social media ads), disputes may arise about whether these assets should be shared, sold, or transferred.
As children age, courts may consider modifying custody arrangements related to digital assets. This is particularly important when a child is approaching the age of majority or becoming more digitally independent. Parents may need to update custody agreements to reflect the child’s growing involvement in the digital world, including access to accounts and virtual spaces.
Lisa and Mark are in the middle of a custody dispute for their 14-year-old daughter, Emma. Emma has a social media account and is heavily involved in a popular online game where she has accumulated virtual items worth hundreds of dollars. Lisa wants to retain control of Emma’s online accounts to monitor her activities, while Mark argues that Emma should be able to manage her own digital assets.
While children’s digital assets are not always explicitly mentioned in traditional custody agreements, they are becoming a growing area of concern in custody disputes. Courts are beginning to address the management and ownership of digital assets, including social media accounts, gaming inventories, and digital content, as part of the child’s overall well-being. These assets are often seen as an extension of the child’s identity and privacy, and decisions about their control depend on the child’s age, the nature of the digital assets, and the parents’ agreement.
As digital lives continue to evolve, custody frameworks may need to evolve as well to better address the complexities of managing children’s digital assets in the modern world.
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