Judge: Facebook fair game in custody battle

FOX 5 NY (NEW YORK) - A judge in Westchester County has made a precedent-setting decision in a custody battle. The judge has reportedly allowed a man to use his wife's Facebook profile as evidence. The dad, identified by the New York Post as Anthony DiMartino, 54, said in court papers that his estranged wife's Facebook page proves she was often out of state and not caring for their son, who is 4.

The wife, Christina Antoine, 47, a psychiatrist, said she tried to block the move and pointed out that she "un-friended" her husband when they split.

"The court finds that the time spent by the parties with the child may be relevant and material to its ultimate determination of custody," said the judge.

The ruling-- the first of its kind in New York -- was released last week.

Fox 5 spoke to Dr. Antoine over the phone. She is out of the country, traveling with her son on a family vacation and said she travels with him all of the time. She said she has always been the primary caregiver and provider for her son and has the documents to prove it.