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email evidence

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trinyti

Guest
No Fault State..Florida
My husband refused mediation and is determined to take the issue of child custody to litigation. The children are 17 and 14, both having already stated their wishes to remain in the custody of their mother.
He is accusing alienation of the children, instability of conduct, etc. basically claiming I am unfit to care for them. He is claiming all his evidence to support his accusations are from emails. Emails between myself and my boyfriend (yes the husband and I were already seperated at that time) which he obtained by breaking into my private email account.
Question: Are the printed copies of the emails he has obtained admissable evidence in litigation? My lawyers don't seem to have an answer for this one. My view is that any or all of the letters could have been altered, its not hard to do, before printing. Also, since he had access to my account he could have used it to actually create and send false emails.
 


Ambr

Senior Member
my ex is trying to use emails that he sent me in a court hearing. i think that a lot would depend upon the judge - for the sole reasons that you have mentioned.

if he attempts to use them then i would have the lawyer dispute that arguement that you just made. he could change anything.

as for emails, they are kind of like faxs. once you send them out there - anyone can pick them up. they aren't suppose to if they are not addressed to them, but they do.
 

MySonsMom

Senior Member
I think emails can be heard in court. Just as letters can be used. But I also think is a personal decision based on the judge. But I have heard of cases where emails are used.

I suggest that the poster try and get evidence that her computer has been tampered with.

I guess, I don't understand how she did not know that he was in her home and on her computer...
 
T

trinyti

Guest
Thank you! All for replies. Its so comforting to NOT feel alone or like I'm the only out here fighting on this level. The emails my spouse supposedly has and is intending to use for character assasination were accessed from another computer. He found the email address, which wasn't difficult since I've had it for a long time, including before we seperated. It was a free email site on the internet, assured to be secure and requiring a password to access. He admits (brags) that he broke through the security to obtain my emails. How he did it, I still don't know and even when the email account's password was changed he continued to get into it.
 

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