Text messages can contain important evidence in a California divorce, child custody, support, or other family law dispute. A message may document a parenting agreement, missed custody exchange, threat, financial issue, or statement that conflicts with what someone later tells the court.
But having a screenshot on your phone does not automatically mean the judge will consider it. Digital evidence must still satisfy California’s rules governing evidence.
Can text messages be used in California family court?
Potentially, yes. Text messages and other electronic communications may be used as evidence when they are relevant to an issue before the court and meet applicable evidentiary requirements.
Depending on the case, digital evidence could include:
- Text messages
- Emails
- Messages from co-parenting applications
- Direct messages
- Photographs and videos
- Social media posts
- Electronic financial records
California law generally requires a writing to be authenticated before it can be admitted into evidence. In practical terms, there must be sufficient evidence supporting that the message or other writing is what the person offering it claims it is.
When could text messages matter in a custody case?
In a California child custody and visitation dispute, communications between parents may help document what occurred outside the courtroom.
For example, messages could potentially relate to:
- Missed custody exchanges
- Changes to parenting schedules
- Repeated interference with parenting time
- Communication concerning a child’s health or education
- Compliance with an existing custody order
- Threats or hostile communications
- Attempts by one parent to resolve a parenting dispute
A single message may not tell the entire story. Courts can consider the surrounding circumstances and other evidence when evaluating disputed facts.
Screenshots should preserve context
A screenshot may capture a message, but it can also leave out important information.
If a text exchange could become relevant to your case, consider preserving the complete conversation rather than only a few favorable messages. Dates, times, contact information, and surrounding messages may help establish context.
Avoid editing screenshots or presenting a conversation in a way that could create a misleading impression.
If litigation is pending or reasonably anticipated, speak with your attorney before deleting messages, posts, photographs, or other potentially relevant electronic information.
What does it mean to authenticate a text message?
Authentication is an important issue with electronic evidence.
California Evidence Code requires authentication of a writing before it can be received into evidence. Authentication generally involves providing enough evidence to support a finding that the item is what the person offering it claims it to be.
For a text message, simply showing that a message came from a particular phone number or account may not resolve every question about who actually wrote it.
The circumstances surrounding the conversation, testimony, identifying information, content of the messages, and other evidence may become relevant when authorship is disputed.
What about social media?
Facebook, Instagram, TikTok, and other social platforms can create a separate trail of electronic information.
Cullen Family Law Group has previously discussed this issue in How Social Media Can Impact Your Child Custody Case in California.
One practical rule is worth remembering: assume anything you put in writing could eventually be seen by a judge.
Arguments conducted through text messages or social media can produce a permanent record that may later become part of a family law dispute.
Can you obtain someone else’s texts or electronic records?
Obtaining electronic communications can be more complicated than taking screenshots of messages already in your possession.
California Courts notes that special protections apply when subpoenas seek certain phone records, emails, social media, or text messages. The proper procedure can depend on what records are sought, who possesses them, and the circumstances of the case.
Do not attempt to gain unauthorized access to another person’s phone, email, social media account, or other password-protected information.
An attorney can help determine whether potentially relevant electronic information can be obtained through appropriate discovery or subpoena procedures.
Digital evidence can also matter in divorce cases
Electronic communications are not limited to custody disputes.
During a California divorce, emails, messages, financial records, and other electronically stored information may potentially relate to property, finances, agreements between spouses, or other disputed issues.
California civil discovery law expressly addresses electronically stored information, making digital records an increasingly important part of modern litigation.
Think before you send
Family law cases can be emotional, particularly when parents or former spouses are communicating during an active dispute.
Before sending an angry text, email, or direct message, consider how it would look if displayed in a courtroom without additional explanation.
Keep important communications factual and focused on the issue at hand. In custody matters, communications concerning the children should generally remain focused on their needs rather than the conflict between the parents.
Get help evaluating digital evidence in your family law case
Text messages can be valuable evidence, but relevance, context, authenticity, and the method used to obtain the information can all matter.
Before relying on screenshots or other electronic communications—or deleting information you believe could hurt your case—consider discussing the evidence with a family law attorney.
Cullen Family Law Group represents clients in Riverside, San Bernardino, Temecula, and surrounding Southern California communities in divorce, custody, and other family law matters.
Contact Cullen Family Law Group today to schedule your confidential consultation.