I'm in the middle of a paternity establishment case, where I'm the petitioner. I'm about to have a hearing in a week and a half, would like to know if text messages can be used as evidence. I verified with my provider and my phone company can print out the records. In the text messages, respondent agrees to meet me stating one thing one day, then the next day, after I drive 4 hours her way she doesn't follow through. Also in the text messages she tells me only way to see out son is to file for joint custody, that she won't fight me on it and agreed to 50/50 (of course just as my agreed upon visits, she isn't following through on that either) an example is she agreed I could see our son for 2 hours, stating that she worked until 6 and he has to be in bed by 9, then the next da she text at 4 saying she thought I said 3 and that she had plans at 5 (her plans was going to the gym) then just says "never mind this was a bad idea" her wanting me to file the paperwork is so that there is court order and she doesn't have to argue with her boyfriend or mother, from what she told my sister.
Text messages can be used as evidence provided you follow the rules of evidence. It is highly recommended you consult with and retain an experienced family law attorney.
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