How to “Authenticate” Text Messages Used in an Orlando Child Custody Dispute

Text messages often prove to be incredibly decisive in Orlando child custody disputes. This evidence should be relatively easy to gather, and parents can do so by taking straightforward screenshots. However, a common issue is the need for “authentication.” How exactly do you prove that the text messages in question are legitimate?

Download the Entire Text Message Thread if Possible

Context is important when it comes to text message evidence. A single snippet of a conversation could leave the court guessing, and judges generally prefer to consider the entire thread before drawing any conclusions. With this approach, the court can view the snippet in the context of the larger conversation.

Various online apps allow you to download all of your various text messages with a specific person (such as an ex). Many of these apps are free, and one example is a tool called SMS Export. Contact your lawyer to learn more about methods of downloading entire text conversations. You can compile these messages into PDF files that the court can easily process and examine.

By including the entire conversation in the document, you obviously risk including some of your own text messages that you might not be proud of. You may need to weigh the pros and cons of using this type of evidence in court if it reflects badly on you. Although some of your past messages may be embarrassing or shameful, it may still be worth exposing the larger conversation if it can help you achieve a positive custody outcome.

Include Timestamps

Text messages should include timestamps. These markers help the court understand even more about the underlying context of the conversation. Timestamps not only help establish the authenticity of conversations, but they may also help connect text messages with other forms of evidence.

For example, your ex might have faced a DUI charge in the past. If you can establish the time of their arrest, you may use corresponding text message timestamps to your advantage. Suppose your ex texted you, “Just dropped off the kids at your parent’s house” minutes before their DUI arrest. The combination of text message evidence and the DUI arrest record clearly establishes that your ex was driving drunk with the kids.

Only Screenshot Texts That You Can Legally Access

Although it may seem tempting to gain access to text messages that you don’t have permission to view, this is a bad idea from a child custody perspective. Hacking, cybercrimes, or simply unlocking a phone that isn’t yours (even if you have the passcode) makes all subsequent evidence inadmissible in court.

Can an Orlando Child Custody Lawyer Help Me Authenticate Text Message Evidence?

An Orlando child custody lawyer may be able to help you authenticate your text message evidence. While this process should be relatively simple, it makes sense to take screenshots correctly the first time around. If you make a mistake initially, the text messages might get deleted later. Contact Steve Marsee, P.A. at 407-521-7171 to continue this conversation.

Source:

floridabar.org/the-florida-bar-journal/a-prolific-landscape-the-admissibility-of-social-media-postings/