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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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How reliable are text messages in court?

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How reliable are text messages in court?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. They can be reliable if it can be shown that they were sent from the parties phone and are relevant to the case. Often times, a court order can be obtained and they can be subpoenaed and turned over and used as evidence. Of course, it can be denied by the sender and it was not from them but they will have to try and convince the Judge or Jury how someone obtained their cell phone and why they would send it. There would likely be a presumption that they are valid but the person/sender would have the chance to rebut them and explain.
Customer: replied 4 years ago.

I am just trying to look at this from all angles. I am currently trying to fight for custody of my daughter. The best way I can describe the texts is angry talk back and forth from me and my wife. The big problem is that I don't even remember most of what I said. 95% of what I have sent has been forgotten

Thank you for the additional information. When custody is at issues the Judge is always going to act in the best interest of the child. Angry text messages and frighting between you and the mother may not be relevant and used against you, if trying to obtain custody. Of course, if text messages were sent that were related to the care and well being of the child, it would be a different story. Even if she saved these messages she will need to should their relevance to come into Evidence nice and to be considered by the Judge.
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