Can emails be used in court.

I live in florida. This is what happen i got this email form a man that i do not know i think that my husband but him up to it. He told him that i was cheating on him . My husband said he believed me but comes to find out the the man said that he had emails and i know that they are all lies. He told me that he would take me to court and use them and get the men to say i sleep with them if i take him to court. I do not know what to do i have not done anything i do not want him to take my daughter. He said that i was crazy my daughter is 3. I do not have a lot of money but i will do what ever i have to he will not take my daughter from me.What is the name of your state (only U.S. law)?

laurakerley said:

I live in florida. This is what happen i got this email form a man that i do not know i think that my husband but him up to it. He told him that i was cheating on him . My husband said he believed me but comes to find out the the man said that he had emails and i know that they are all lies. He told me that he would take me to court and use them and get the men to say i sleep with them if i take him to court. I do not know what to do i have not done anything i do not want him to take my daughter. He said that i was crazy my daughter is 3. I do not have a lot of money but i will do what ever i have to he will not take my daughter from me.What is the name of your state (only U.S. law)?

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Who is this other man exactly? How did your husband see your email?

(The simple answer to your question is yes, emails can be used in court)

Proserpina said:

Who is this other man exactly? How did your husband see your email?

(The simple answer to your question is yes, emails can be used in court)

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But, to what end?

Zigner said:

But, to what end?

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Who knows? I'm thinking Dad is perhaps trying to hold the custody/child support card over Mom?

laurakerley said:

I live in florida. This is what happen i got this email form a man that i do not know i think that my husband but him up to it. He told him that i was cheating on him . My husband said he believed me but comes to find out the the man said that he had emails and i know that they are all lies. He told me that he would take me to court and use them and get the men to say i sleep with them if i take him to court. I do not know what to do i have not done anything i do not want him to take my daughter. He said that i was crazy my daughter is 3. I do not have a lot of money but i will do what ever i have to he will not take my daughter from me.What is the name of your state (only U.S. law)?

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In all reality, whether or not you slept with other men is completely irrelevant to custody issues in a divorce.

What is relevant to custody issues is the the fitness of the parents (and adultery is generally NOT a fitness issue) and who has been the primary caretaker of the child.

Get your legal advice from someone other than your husband...particularly if you believe that your husband is trying to set you up.

Proserpina said:

Who is this other man exactly? How did your husband see your email?

(The simple answer to your question is yes, emails can be used in court)

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However, if you believe that the emails have been fabricated, you can hire an expert to examine the computer (particularly the email headers) to determine whether they're authentic.

The bigger concern is the implication that he has men who will testify that they slept with you. While as Ldij says, that won't directly affect the custody decision, the circumstances COULD be considered in setting custody. For example, if you had slept with a series of men while the child was in the house, that could be considered in evaluating your fitness.

I would suggest 2 things:
1. Consult an attorney ASAP.
2. Don't overreact. False accusations are made in a significant percentage of divorce cases. Don't let simple accusations drive you to do something stupid. A lot of times (maybe even most times), those accusations disappear once the case gets in front of a judge - or when the other person is asked to provide evidence of their accusations. It would be truly tragic if your stbx doesn't really have any evidence, but you do something foolish and he wins on the basis of your action rather than his accusations.