Smartphones hold our private thoughts, work chats, and emotional outbursts. Since we use them for virtually everything, it’s no shock that texts and emails often become key evidence during New York custody proceedings. Keep reading to find out when your digital messages might be used against you during a family law dispute and how a determined Nassau County Child Custody Lawyer can help guide you through this difficult time.
Are Your Messages Hurting Your Custody Case?
Contrary to popular belief, text messages and emails can show up as evidence in New York family law cases. This type of digital communication can significantly influence custody decisions because they provide a clear picture of how parents interact and whether they prioritize their child’s well-being.
Nevertheless, there are limitations. Digital communication like text messages and emails are typicalyl admissible as long as they are proven to be genuine, relevant to the child’s best interests and the core issue, and were not obtained illegally.
The following types of communication may be used as evidence against a parent in New York custody or co-parenting disputes:
- Evidence of Co-Parenting Conductr:
- Effective collaboration or absence of communication
- Willingness to exchange information about the child
- Efforts to coordinate schedules
- Civil versus aggressive language
- Evidence of Parental Capability:
- Threats, harassment, or offensive speech
- Drug or alcohol misuse
- Dangerous conduct
- Admissions of wrongdoing
- Poor decision-making
- Evidence of Obstruction:
- Preventing scheduled parenting time
- Failing to comply with court orders
- Isolating the child from the other party
- Hindering contact
What Should You Avoid Saying?
To protect your interests, you must exercise caution when communicating, as your messages could be presented in a custody hearing. Since your communications may be admissible in court, even informal exchanges can have significant consequences.
To preserve your character, you should refrain from using hostile or emotional language, such as insults, threats, aggressive or confrontational tones, or messages written out of anger. Additionally, avoid discussing the case inappropriately. Don’t criticize the other parent, attempt to sway the outcome, or make mabigousu statements. Always keep communication focused on your child’s best interests.
Unfortunately, text messages and emails can be taken out of context and used against you. To maintain credibility, ensure you provide the entire conversation history and refrain from selectively quoting, since statements can be misinterpreted. It’s crucial to avoid saving screenshots or attempting to delete/alter messages, as the court will closely scrutinize them.
At the Law Offices of Eyal Talassazan, P.C., we are prepared to authenticate messages, establish admisisbility, and organize them for maximum impact during your custody hearing. Connect wth our firm today to schedule a consultation.
