Making Sure Text Messages Are Relevant in Custody Cases

Today’s technology can be great especially when you have hundreds of text messages between you and the other parent. One would think by handing all of them over to your lawyer, expecting the lawyer to be ecstatic that you can show every cancellation of parenting time, refusal to take the child to the doctor when sick, and general uncooperativeness. Yet, after pouring through them, the attorney looks up and advises that they probably will not make a big difference in the ultimate disposition of your custody case. There are several reasons why this might be, and there are things you can do to make sure each of the text messages will remain relevant.  The following three tips will help your custody case:

·       Include the date and time stamps. Text messages, once screened shot, are often without date and time stamps. Without a date and time stamp, there is no ability to show when the message occurred and therefore lacks the foundational evidence needed to admit the messages at trial. Make sure to print out all the text messages so that the message clearly shows the date and time. If no date is indicated, make sure to write down the date when the message occurred and the time, and promptly send it to your attorney so the date and time can be recorded when submitting the texts as evidence.

·       Limit the number. Hundreds of text messages (just like a stack of emails) are not going to be read by the judge. Make the most impact, not by the sheer quantity of messages, but instead by choosing a few that prove the point you are trying to make. A few well-chosen text messages will be more effective than submitting pages of screenshots that require the judge to go through them to try and understand the point you are making.

·       Keep the string of text messages intact. Another common problem is the failure to include all the text messages within the conversation. While it is important to limit the number of messages you want the court to read, you also do not want to leave a message out. Otherwise, it will look as if you are only telling a part of the story.

 

 Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2021, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.