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Video Transcription:
Hello, everybody out there in social media land, its personal injury attorney, Derek Bernstein here to give you more family law legal advice and today I'm going to answer the question can text messages be used in court for child custody? Can they be used in court? The answer is yes and no. So yes, they can be used if you lay a proper foundation. And if you just looked at me and shook your head and said, what the hell is this guy talking about? You're probably not going to get those text messages in, but you need to get over hearsay objections. So, I can't just show a judge, hey, look at this text message this guy sent me. How do you know what's real? That's what hearsay is. Is the thing you're showing them actually what it purports to be? Is it what it is or is it not?
So, you need to get over those things. You also need to show them incompleteness. That's one thing I run into a lot. You can't just show a little clippet at the end of a text message that you printed out; you have to show the whole conversation. So, get with a good attorney before trying to do that. What I recommend is the talking parent app or something similar to that when you have a custody case happening. Agreed to that, that everything is right there, we know who's writing it, who's receiving it, the court gets updated and things of that nature so that we can get over these hearsay objections because we're dealing with a crazy person, you're going to want to show that so emails, I think are a little better because the threads are easier to get in, but text messages is what people use.
So, can you get them in? Yes. Is it a little complicated? Yes. Use a trusted family law attorney, get those things in. Especially if that person's acting crazy, don't try to do it on your own. One hearsay objection you don't get over., it's going to ruin your whole line of questioning. I've seen all the time. It's what I do to people who don't hire an attorney. So, is it unfair? Sure. But make it unfair for the other side, higher yourself a good family law attorney. This is your personal injury and family law attorney, Derek Bernstein, lawbernstein.com. Keep the questions coming. Enjoy the rest of your day.
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