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  1. #1
    alleonm is offline Junior Member
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    can i bring text messages as an evidence to court

    What is the name of your state (only U.S. law)? California
    I'm taking my x gf to court to possibly get 50/50 physical custody one reason because I would like to increase my time with our son and second that she has denied me to visit my son a few times since Jan 2010. I have txt messages fr. her printed out in paper and saved on my cell phone cursing at me and tellin me to fk off dont even come here again even if there's a court order in place saying on wed and fri. i can visit my son at her place.. will the txt messages good enough evidence to prove that shes abusive to me and denying visits and therefore win a 50/50 physical custody and not have to pay child support??
  2. #2
    pamomof1 is offline Junior Member
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    im by no means an expert. but i tried pullin the whole submitting text messages/emails etc. and I had a lawyer try to submit them all the proper way and so did my ex and the judge didnt even wanna read them at all and was irrelevant and said it was just us bickering back and forth. as for child support heh do yourself a favor and dont go into court staing that as one of your reasons for wanting custody. my ex did that and she nailed him for $600 a month in child support. dont tie custody/visitation to child support. they are two totally different things. it'll save you some trouble from looking like you're totally doing this just to get outta paying for your kid.
  3. #3
    CourtClerk is offline Senior Member
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    Quote Originally Posted by pamomof1 View Post
    im by no means an expert. but i tried pullin the whole submitting text messages/emails etc. and I had a lawyer try to submit them all the proper way and so did my ex and the judge didnt even wanna read them at all and was irrelevant and said it was just us bickering back and forth. as for child support heh do yourself a favor and dont go into court staing that as one of your reasons for wanting custody. my ex did that and she nailed him for $600 a month in child support. dont tie custody/visitation to child support. they are two totally different things. it'll save you some trouble from looking like you're totally doing this just to get outta paying for your kid.
    Do you have any information relevant to the state of California???
  4. #4
    AlmostALawyer is offline Member
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    It appears the question to ask would be can these text messages be authenticated. I'd talk to a lawyer. I doubt anyone in these forums is an expert on the admissibility and authentication of text messages, especially given the fact that introduction of this type of evidence is so groundbreaking/new.
  5. #5
    pamomof1 is offline Junior Member
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    I was simply saying i had the same exact situation happen with lawyers submitting text messages that he described and letting OP know what happened so he could know a realistic example of what may happen and maybe help him avoid making the mistake my ex made.
  6. #6
    Proserpina is offline Senior Member
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    Quote Originally Posted by AlmostALawyer View Post
    It appears the question to ask would be can these text messages be authenticated. I'd talk to a lawyer. I doubt anyone in these forums is an expert on the admissibility and authentication of text messages, especially given the fact that introduction of this type of evidence is so groundbreaking/new.


    Oh, really?

    So neither (for example) a Supreme Court clerk nor a verified Family Law attorney and GAL would have a clue about such things?
  7. #7
    alleonm is offline Junior Member
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    @pamomof1 I live in san mateo county in cali was your case held in cali also? To authenticate the txt I have I can show the judge my cellphone that has her phone number in it following the text that she sent me right? Also in California do I have to pay child support even if we have 50/50 on both physical & legal. I make about 3x than her before taxes...
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by alleonm View Post
    @pamomof1 I live in san mateo county in cali was your case held in cali also? To authenticate the txt I have I can show the judge my cellphone that has her phone number in it following the text that she sent me right? Also in California do I have to pay child support even if we have 50/50 on both physical & legal. I make about 3x than her before taxes...


    pamomof1 is in Pennsylvania. Completely irrelevant.

    Yes, even with 50/50 you can be required to pay child support.
  9. #9
    alleonm is offline Junior Member
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    my other ? is

    that she denied about 7 visits foe me to see my son.. is that enough for me to win 50/50 custody on physical part or would they just give her a warning?
  10. #10
    AlmostALawyer is offline Member
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    Quote Originally Posted by Proserpina View Post
    Oh, really?

    So neither (for example) a Supreme Court clerk nor a verified Family Law attorney and GAL would have a clue about such things?
    Well, clearly you can't read, so I guess your argument falls apart. I believe I stated no one in the forum is an "expert." I didn't say no one had knowledge. Furthermore, if you're an expert, where is your legal analysis with case law to back up your expertise? I'm guessing you wouldn't even need to look up the relevant case law if you were an expert. You could probably recite it by heart. Read before you attack. Rumor has it...that's what good Supreme Court Clerks and verified Family Law attorneys do.
  11. #11
    Proserpina is offline Senior Member
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    Quote Originally Posted by AlmostALawyer View Post
    Well, clearly you can't read, so I guess your argument falls apart. I believe I stated no one in the forum is an "expert." I didn't say no one had knowledge. Furthermore, if you're an expert, where is your legal analysis with case law to back up your expertise? I'm guessing you wouldn't even need to look up the relevant case law if you were an expert. You could probably recite it by heart. Read before you attack. Rumor has it...that's what good Supreme Court Clerks and verified Family Law attorneys do.

    Quotalicious!

    And boy, did you completely miss my point.
    Last edited by Proserpina; 06-15-2010 at 02:00 AM.
  12. #12
    Proserpina is offline Senior Member
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    Quote Originally Posted by alleonm View Post
    that she denied about 7 visits foe me to see my son.. is that enough for me to win 50/50 custody on physical part or would they just give her a warning?

    How many times have you actually filed for contempt?
  13. #13
    AlmostALawyer is offline Member
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    Quote Originally Posted by Proserpina View Post
    Quotalicious!

    And boy, did you completely miss my point.
    I have some spare time, please explain.
  14. #14
    Proserpina is offline Senior Member
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    Quote Originally Posted by AlmostALawyer View Post
    I have some spare time, please explain.

    Gladly.

    Read through the archives.

    You will see that there are more than a few senior members who do indeed enjoy the expertise necessary to guide other posters as to what is and is not required and/or relevant when attempting to have text messages, emails, online blogs/social pages admitted into evidence.
  15. #15
    stealth2 is offline Senior Member
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    Quote Originally Posted by alleonm View Post
    that she denied about 7 visits foe me to see my son.. is that enough for me to win 50/50 custody on physical part or would they just give her a warning?
    Simply telling you not to come over isn't denying you visitation. Did you ATTEMPT to see the child? Or did you just shrug and say "oh well, she won't let me see him"?

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