Admissibility of txts

[olhobbes]

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

Mom has recently sent me some txts which I'd like to preserve for possible use should she ever challenge our current custody arrangement.

With the goal being their use in court, what would be the best way to go about this?

 

[The_Non-Mom]

What do you hope the texts will prove? How long are you planning to hold onto the texts before using them?

 

[olhobbes]

What do you hope the texts will prove? How long are you planning to hold onto the texts before using them?

They are varied compliments as to my parenting style, and their impact on our child.

The last time mom pulled me in front of the mediator, the bulk of her narrative had to do with how detrimental I was to our child, and how horrible a parent I am. And while I appreciate the improvement in relations this represents, I also understand mom can be a bit...mercurial. I'd like to save these to show the mediator next time, to refute mom's claims that I am damaging our child.

As far as how long...as long as they are needed. I could very well end up needing them next month, or never at all. But experience has taught me to plan ahead, so that is what I am doing.

 

[mistoffolees]

They are varied compliments as to my parenting style, and their impact on our child.

The last time mom pulled me in front of the mediator, the bulk of her narrative had to do with how detrimental I was to our child, and how horrible a parent I am. And while I appreciate the improvement in relations this represents, I also understand mom can be a bit...mercurial. I'd like to save these to show the mediator next time, to refute mom's claims that I am damaging our child.

As far as how long...as long as they are needed. I could very well end up needing them next month, or never at all. But experience has taught me to plan ahead, so that is what I am doing.

The texts are probably meaningless. First, it's nearly impossible to prove that she sent them (although this can be done if you're willing to spend enough money and time). More importantly, they don't show anything useful. Let's say that she sends you an email on Monday saying that you're a good parent. Then you beat the kids senseless on Tuesday. Does the Monday email prove that you didn't do it?

Actions are what matters. If she leaves the kids with you, then that is evidence that she considers you to be a fit parent. Other than that, texts, love notes, verbal statements, etc are largely useless - although they MIGHT help to sway things in mediation if she's reasonable. So hold on to them as long as you want.

 

[RiverSong42]

They are probably useless...

However, I will say, I have used texts as evidence before. The situation was much different, though. In my case, the texts were threats and were brought to the police station, photographed, and entered into evidence. So, handled correctly, its not impossible to use texts as evidence. In your case though, it won't do much.

 

[olhobbes]

They are probably useless...

However, I will say, I have used texts as evidence before. The situation was much different, though. In my case, the texts were threats and were brought to the police station, photographed, and entered into evidence. So, handled correctly, its not impossible to use texts as evidence. In your case though, it won't do much.

Disappointing, but makes sense. Thanks, to both of you.

Oh, and ya; Dr Who AND Hitchhiker reference noted, RiverSong42. Awesome

 

[RiverSong42]

Oh, and ya; Dr Who AND Hitchhiker reference noted, RiverSong42. Awesome

You're the first!

 

[Zigner]

They are probably useless...

However, I will say, I have used texts as evidence before. The situation was much different, though. In my case, the texts were threats and were brought to the police station, photographed, and entered into evidence. So, handled correctly, its not impossible to use texts as evidence. In your case though, it won't do much.

Riversong-

Your comparison is absolutely meaningless. Showing txt messages to the police and having them entered in to evidence of threats is a totally different animal from getting txt messages admitted in the court-room.

 

[Ohiogal]

I've done it. I have had text messages entered into evidence. It is not that difficult. The weight of that evidence varies however.

 

[mistoffolees]

I've done it. I have had text messages entered into evidence. It is not that difficult. The weight of that evidence varies however.

I would think that you'd have a better chance if:

1. The text is still on your phone or preserved intact in some way.

2. You have your own cell phone records showing a text received from at at the time listed on the text message.

3. You subpoena ex's cell phone records to show a text sent to you at the time listed on the text message.

While that's not a slam-dunk (someone else could have sent the message from ex's phone), it would add a lot to the weight.

But, again, in OP's case, it's probably meaningless.

 

[RiverSong42]

Riversong-

Your comparison is absolutely meaningless. Showing txt messages to the police and having them entered in to evidence of threats is a totally different animal from getting txt messages admitted in the court-room.

Uh... yeah... that's exactly what I said...

The situation was much different, though.

Although if you want to be totally accurate, when the threatening texts were admitted into evidence, they *did* in fact end up in the 'court-room'... and in front of a grand jury. And again in the family court when I was granted full custody and an OOP.

 

[Zigner]

Although if you want to be totally accurate, when the threatening texts were admitted into evidence, they *did* in fact end up in the 'court-room'... and in front of a grand jury. And again in the family court when I was granted full custody and an OOP.

See, if you would have told THAT part of the story, I wouldn't have responded the way I did.

 

[RiverSong42]

See, if you would have told THAT part of the story, I wouldn't have responded the way I did.

Touche

 

[Ohiogal]

I would think that you'd have a better chance if:

1. The text is still on your phone or preserved intact in some way.

2. You have your own cell phone records showing a text received from at at the time listed on the text message.

3. You subpoena ex's cell phone records to show a text sent to you at the time listed on the text message.

While that's not a slam-dunk (someone else could have sent the message from ex's phone), it would add a lot to the weight.

But, again, in OP's case, it's probably meaningless.

Rules of evidence don't require that. They require proper foundation and testimony from the person who received the text about what the text stated. In the case I am thinking of, I typed out the texts and had my client swear to the wording of them in front of a notary. In court, I then had her testify and showed her the notarized statement with all the texts on it and asked her when it was made, how it was made, and if the texts listed were the actual wording/spelling of what she had received.

Of course, mom agreeing dad is a good parent could matter. But only if NOTHING happens between now and the trial to case doubt upon it. It is still admissible BUT the WEIGHT of the evidence is the important factor.

 

[mistoffolees]

Rules of evidence don't require that. They require proper foundation and testimony from the person who received the text about what the text stated. In the case I am thinking of, I typed out the texts and had my client swear to the wording of them in front of a notary. In court, I then had her testify and showed her the notarized statement with all the texts on it and asked her when it was made, how it was made, and if the texts listed were the actual wording/spelling of what she had received.

Of course, mom agreeing dad is a good parent could matter. But only if NOTHING happens between now and the trial to case doubt upon it. It is still admissible BUT the WEIGHT of the evidence is the important factor.

I didn't say that rules of evidence required what I suggested. But if there is corroborating evidence that the message is real and not imagined (such as cell phone records showing that a text was actually sent), that could add to the credibility of the claim.

And a smart attorney would lay the groundwork, by asking the 'sender' if the phone had always been in her possession.