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Can emails and text be used as evidence in divorce/custody trial?

Brandon, FL |

The mother has custody of 7 yr old child while we are in divorce. I reside in another state, but want custody since she is not trying to foster a relationship with me and my daughter.

I have emails and text from her stating that she did not want the child and never did and how she is stuck raising her alone. I said i wanted her but the mother keeps saying no.

There are other messages with her being angry about raising the child alone and reminding me that she didnt want the child in the first place. She also states in emails that she is going to "make me pay" since I do not want to be with her.

Can these emails,text,and voicemails be used in court? Will a judge take this into consideration when making judgment on custody?

Attorney Answers 2


This type of eveidence can usually be used as rebuttal evidence if the other party states that they have never done certain things. You would then be able to present these items to show that they are lying.

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