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Text messages as evidence

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ocgirl26

Member
What is the name of your state (only U.S. law)? CA

Can text messages be used as evidence against a parent for not allowing visitation or being difficult about it? Or be used to prove that the other parent put forth the effort to asked for visitation? There is no court order at this time. Thank you
 


cyjeff

Senior Member
If there is no court order, there is nothing to prove.

If you want visitation, go to court and get it.
 

Ohiogal

Queen Bee
Actually Cyjeff is somewhat wrong. There are things to establish -- like if the parent wanted visitation and the other parent has been putting up barriers and not attempting to allow the child to get to know the parent or if the NCP has had a relationship with a parent and to what extent visitation/custody should be awarded or whether it should be gradual.

And yes, text messages can possibly be used.
 

acmb05

Senior Member
Actually Cyjeff is somewhat wrong. There are things to establish -- like if the parent wanted visitation and the other parent has been putting up barriers and not attempting to allow the child to get to know the parent or if the NCP has had a relationship with a parent and to what extent visitation/custody should be awarded or whether it should be gradual.

And yes, text messages can possibly be used.
If I may point out. There are two cell phone providers that save text messaging for a certain amount of time. One is for 1 month and another is for 2 weeks. In order to get those messages you will need a court order. Of course you could use the ones saved to your phone also.
 

cyjeff

Senior Member
Actually Cyjeff is somewhat wrong. There are things to establish -- like if the parent wanted visitation and the other parent has been putting up barriers and not attempting to allow the child to get to know the parent or if the NCP has had a relationship with a parent and to what extent visitation/custody should be awarded or whether it should be gradual.

And yes, text messages can possibly be used.
I am curious... what would be established?

There is no court order for visitation. If there is no order, no one can be in violation of it.

If the OP wants to establish a relationship with the child, a court order is the way to do it. Until that time, the custodial parent is not legally required to give the OP ANY visitation, right?
 

Ohiogal

Queen Bee
I am curious... what would be established?

There is no court order for visitation. If there is no order, no one can be in violation of it.

If the OP wants to establish a relationship with the child, a court order is the way to do it. Until that time, the custodial parent is not legally required to give the OP ANY visitation, right?
How much visitation the parent should be awarded to begin with. If there was a relationship between the parent and child before a court order was petitioned for. If the CP had tried to forbid such a relationship. Those could all be factors in how much visitation to start with and, if a graduated schedule, how quickly visitation could progress as well as if there was a bond with the child or any workings at parental alienation to start with.

There is no violation of a court order because there is no court order but that doesn't mean texts cannot be used in court to establish a relationship or lack there of or parental alienation or facilitation.
 

ocgirl26

Member
ok, another question

I am the mom and our child resides with me. The reason why I am asking is because his father is constantly sending text messages that are "loaded" trying to make me look like I don't allow visitation. In reality, the seven times this month he has ask to see our child I have said sure no problem (only in town for the month.) It may not have been that day because he likes to ask that morning and well I do have a life. But it is always within a day or two of his asking. So I just want to know if those loaded text messages will be used against me?

Both via text message and email I have always said yes but he texts or emails back acting like I am not letting him. He even said something about "documenting" to me. So I am just worried he is going to try to say in court that I don't allow the relationship. Thank you
 

LdiJ

Senior Member
I am the mom and our child resides with me. The reason why I am asking is because his father is constantly sending text messages that are "loaded" trying to make me look like I don't allow visitation. In reality, the seven times this month he has ask to see our child I have said sure no problem (only in town for the month.) It may not have been that day because he likes to ask that morning and well I do have a life. But it is always within a day or two of his asking. So I just want to know if those loaded text messages will be used against me?

Both via text message and email I have always said yes but he texts or emails back acting like I am not letting him. He even said something about "documenting" to me. So I am just worried he is going to try to say in court that I don't allow the relationship. Thank you
Make sure that you also document your responses to him. It generally becomes obvious if a parent slants their responses in order to look like the other parent is denying, when in reality they are not.
 

Ohiogal

Queen Bee
Not advice, stating the obvious. .
Actually no you are not stating the obvious> Documenting text messages won't do anything unless the poster knows how to legitimately get them entered into evidence and follows the rules of evidence. There are ways to get the messages into evidence however it is NOT obvious and would be through a hearsay exception. Please do NOT post advice however. Which is what you are doing if you post to someone else's thread.
 
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Actually no you are not stating the obvious> Documenting text messages won't do anything unless the poster knows how to legitimately get them entered into evidence and follows the rules of evidence. There are ways to get the messages into evidence however it is NOT obvious and would be through a hearsay exception. Please do NOT post advice however. Which is what you are doing if you post to someone else's thread.
She can argue her case on tv. they always let texts in as evidence.

why are you always looking to fight? a little high strung?

and more from my limited "grasp of english"

keeping texts for your lawyer is a excellent idea. the basic idea in any answer is.... secure local council.
duh.
 

Ohiogal

Queen Bee
She can argue her case on tv. they always let texts in as evidence.

why are you always looking to fight? a little high strung?

and more from my limited "grasp of english"

keeping texts for your lawyer is a excellent idea. the basic idea in any answer is.... secure local council.
duh.
QUIT POSTING. She can argue her case on TV? They do NOT always let texts in as evidence. And TV is NOT court. It is binding arbitration. Binding arbitration has different rules than COURT. Nor can they handle every type of case nor every case -- give me a break. Can you guarantee she will get on a court show? Oh yeah and then she would have 15 minutes to give her evidence. 15 MINUTES. Should I continue as to why your "advice" is not helpful? And what should she do if she cannot afford local counsel? Not the spelling please.

And as for looking to fight, I am not. I am looking to make sure individuals here who may begin as morons learn something so they don't embarrass themselves in court. However there is NO hope for you.
 
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