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January 9, 2023

Can Text Messages Be Used Against You in Family Court?

By Yvonne Garbett, Esq.

Can Text Messages Be Used Against You in Family Court?

In today's world, text messages and social media posts are becoming some of the most powerful forms of evidence in family court. Many parents involved in custody disputes do not realize how quickly screenshots, emails, and digital conversations can become central issues in court proceedings.

Judges in New York family courts frequently review text messages when evaluating communication between parents. Angry messages, threats, insults, or inappropriate comments can negatively impact how a judge views a parent's ability to co-parent effectively.

Social media also plays a growing role in custody litigation. Posts involving partying, substance use, reckless behavior, or disparaging comments about the other parent can all become evidence in court. Even deleted posts may sometimes be recovered.

Another issue many people overlook is tone. Messages sent during emotional moments often come across far harsher when reviewed later in a courtroom setting. A text written in frustration may later be interpreted as harassment, intimidation, or evidence of instability.

Parents involved in family court disputes should always communicate carefully and professionally. Keeping conversations child-focused and respectful can help avoid unnecessary complications.

Digital evidence can also impact divorce proceedings involving finances, infidelity allegations, or property disputes. Shared accounts, emails, and online purchases increasingly become relevant during litigation.

Contact Garbett Law Office

If you are involved in a custody dispute, divorce, or family court matter in Rockland County or Orange County, Garbett Law Office can help protect your rights and guide you through the process.

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