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Text messages in court hearings

Posted by on Nov. 12, 2012 at 2:20 PM
  • 16 Replies

I was wondering if anyone has used or was able to use text messages from your child's father in court.  My ex has sent me numerous texts threatening me to take the kids from me and to turn them against me once they are in his care so they will hate me and never want to see me again.  Right now he barley sees the kids and there is no set visitation order in affect so he basically sees them if they happen to be at his parents house the same weekend he comes in town, which isn't often.  He is in the army and has been back in the states since April and has probably seem them a total of 10 days since then.  I have been saving every text message between him and I and I have been typing them out so I can show my lawyer when the time comes.  The latest as of a few hours ago was that he is going to take me back to court so he can change custody and take the kids from me and then I will be ordered to pay him child support.  A lot of his threats are verbally abusive and not physically abusive so there isn't really anything I can do as far as a restraining order plus I don't want him to turn that around and tell the kids I keep them from him and stopped them from seeing their dad.  I know every state laws are different.  I live in North Carolina is that helps but I was wondering, even if your from another state, if you have been in this situation before and if you were able to or weren't able to use the text messages as evidence.

by on Nov. 12, 2012 at 2:20 PM
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Replies (1-10):
iHay
by on Nov. 12, 2012 at 2:23 PM
Ive never been through it but i know someone in tx who was able to use text messages.
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LT1729
by on Nov. 12, 2012 at 2:35 PM

I'm in Florida and was able to use txt mssgs in my domestic violence hearing, not sure about paternity case though. Save all threatening messges and emails. They helped me.

Soasabre99
by on Nov. 12, 2012 at 2:45 PM


Quoting LT1729:

I'm in Florida and was able to use txt mssgs in my domestic violence hearing, not sure about paternity case though. Save all threatening messges and emails. They helped me.

How did you use them?  Did they have to subpoena them from the phone company or something like that?  I am hoping to show my lawyer the typed out texts I have between my ex and I to show him what I am talking about so I can use them against him in court.  Otherwise I have no proof of anything.  That is they only way we communicate..if you even call it that! And the only time we do talk it is usually him yelling at me about something.  He doesn't know how to coparent and he doesn't want to!!  He has told me that plenty of times!!

Soasabre99
by on Nov. 12, 2012 at 2:46 PM


Quoting iHay:

Ive never been through it but i know someone in tx who was able to use text messages.

Do you know what they had to do to be able to use them in court?  I know my lawyer will know what to do and I plan on showing him everything but I would like to ease my brain a little..lol

Jenn8604
by Silver Member on Nov. 12, 2012 at 2:47 PM
IDK id save them and push for them as evidence.
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Robsessed98
by on Nov. 12, 2012 at 2:48 PM
Ive known of them being used. FB status can be used too.
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prego_jessi
by Member on Nov. 12, 2012 at 2:49 PM
I was able to get supervised visitation in order for my dds dad useing text messages
JakesMom712
by Bronze Member on Nov. 12, 2012 at 2:51 PM
And cm post. Yup. My ex tried that shit.


Quoting Robsessed98:

Ive known of them being used. FB status can be used too.

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Soasabre99
by on Nov. 12, 2012 at 2:53 PM


Quoting Robsessed98:

Ive known of them being used. FB status can be used too.

He has me blocked on FB so I can't use any of his.  We do however have mutual friends so I would hope that none of them are creeping my site for him.  I don't have anything on there that could be used against me....at least I don't think so!  I may have to go and check that out...lol

Soasabre99
by on Nov. 12, 2012 at 2:56 PM


Quoting prego_jessi:

I was able to get supervised visitation in order for my dds dad useing text messages

If I may ask, what kind of text messages were they?  You are free to private message me if you would like.  I am kind of hoping for that also because I am scared of what he will say when he has the kids in private.  Right now he sees the kids if they are at his parents house so he doesn't spend much 1 on 1 time with them but they have said that as soon as Grandma and Grandpa are around that is when dad goes to badmouthing me in front of the kids.  He takes them outside and tells them things and my lawyer has already told me I can't use any of what the kids tell me because it is hearsay unless my kids testified against their father and I am not sure if I want to put them through that!!

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