Can Text Messages Be Used In Court For Child Custody

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Most of us are texting a lot more than we're talking these days. It's a convenient, discrete way to interact with one another. If you lot're dealing with a contentious ex, you may be even more tempted to rely on texting, instead of other communication methods.

However, you should be very mindful of what you are dispatching to another person, mainly if you are currently engaged in a custody boxing because, co-ordinate to Colorado family law, the text messages both you lot and your former spouse send can be used in courtroom.

Legally Obtained Text Messages Can Be Admissible

Colorado courts will acknowledge text messages as evidence during courtroom hearings. Hence, before sending a potentially insulting, offensive, even threatening text letters when you lot are upset or aroused, think about how they can bear on your custody case.

Remember, your ex tin forward that text to a lawyer, or anyone else because yous sent information technology voluntarily. They are legally in possession of that message; hence it automatically becomes admissible.

When Do Judges Let Text Messages?

Colorado judges take a lot of discretion here. Some are very hesitant to allow texts no affair how they were received. Others see them as a useful slice of evidence regarding the parent's deport and intentions.

One affair a judge won't do is allow text messages or other communications if they believe they weren't obtained legally. For example, if you happen to gain access to your ex'due south phone records, or instruct your kid to retrieve letters during a visitation, that would certainly not be allowed. Worse, your attempt could exist used against y'all. Don't practise that.

Ultimately, it is best to assume that the court could scrutinize whatsoever text you send to your ex. Information technology's also best to assume that anyone who is in contact with both you and your ex could share any electronic messages likewise.

Other Forms of Electronic Advice: Emails and Social Media

Many of the same guidelines that utilize to texts too apply to emails. If they are obtained legally, there is a gamble that a judge will allow them. Proceed in listen that even if y'all delete a conversation or block a recipient, they may nevertheless accept their copies of messages you send via different messaging apps. Of form, you should never assume that any social media mail is private or hidden from view. If even one person can see what y'all post, they can share that with others.

If you lot have sent a regrettable text, permit your lawyer know. They tin advise you lot on the all-time way to handle that, and piece of work to go on that out of any custody court proceedings. They can also assistance you lot if you receive whatsoever messages from your ex that are threatening or alarming.

Before you ship any message or make that post in anger, take a moment to think. If y'all choose to interact with your ex using texts or emails, keep things civil, and stick to relevant topics but. Be very conscientious about what you transport to mutual friends and family members as well. This is an expanse where your all-time bet is to avert any issues in the get-go identify.

If you've sent annihilation regrettable and are unsure how to go along or if yous take whatsoever other child custody questions, click the paradigm beneath and get your questions answered!

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