If you have never before heard of the site OnlyFans, it is a place for sex workers to post adult content on a subscription basis and earn money. It is easy to set up and advertise, and you can start earning money relatively quickly. There is only one problem. What happens if you are in a child custody case and your ex finds out about your OnlyFans? Can they use it against you? The answer, unfortunately, is yes.
In one case that came out of Pennsylvania, a mother learned the hard way that her OnlyFans account could impact her child custody case.
Background of the case
The father and mother were married for less than two years and had separated before their child was born. Since 2014, the couple shared legal custody. The mother enjoyed the majority of the parenting time, with the father alternating two or four nights per week. In 2020, the mother filed a petition to modify the custody arrangement after her children got into two car accidents while being driven by the father’s new wife. At the hearing, the father accused the mother of having an OnlyFans account and posting sexually explicit material to this account.
The trial court immediately terminated all contact with the child and ordered a forensic interview with the child. The court ruled that if the forensic interview revealed that the child was aware of the mother’s OnlyFans, she would be granted supervised telephone calls but no in-person contact with the child. If the child was aware of the mother’s OnlyFans account, then the mother would have no contact with the child at all and would be required to submit to a psychological evaluation.
The mother petitioned the court for an emergency hearing after Children and Youth Services determined that there was no sign of child abuse or that the child was aware of the mother’s OnlyFans activity. The petition was denied, but she was given partial custody of her child, with the father retaining sole legal custody.
In 2020, the mother asked the court to modify the custody agreement, asking the court to grant her both physical and legal custody. In 2023, the family court awarded the mother shared legal and physical custody of the child. At the hearing, the judge found there was no evidence that an OnlyFans account caused the child any harm. He ruled that the court was not permitted to judge the private sexual behavior of an adult outside the presence of the child.
The father appealed the ruling. Ultimately, the court sided with the mother. But it wasn’t until after years of litigating the matter that the mother finally was excused for her OnlyFans content.
Talk to a Danville, Indiana, Family Law Attorney Today
The Danville, IN family law attorney, Chris Arrington, represents the interests of parents who are deciding custody matters for their children. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.