Yes. In Pennsylvania, text messages are frequently used as evidence in child custody cases when they are relevant to issues affecting the child’s best interests.
Text messages can provide important information about a parent’s conduct, communication, and ability to cooperate with the other parent. But simply having screenshots of a conversation does not necessarily mean those messages will automatically be admitted into evidence or given significant weight by the court.
What Types of Text Messages May Be Relevant?
Courts may consider text messages that relate to issues such as:
- A parent’s ability to cooperate with the other parent
- Communication regarding the child’s care
- Compliance with custody orders
- Substance abuse
- Domestic violence
- Threats
- Harassment
- Parental alienation
- Other conduct by a parent
The key issue is whether the messages are relevant to matters affecting the child’s best interests.
Text Messages Generally Must Be Authenticated
For text messages to be admitted into evidence, the party offering them must generally establish that the messages are genuine and were sent or received by the person claimed.
Authentication may be accomplished through:
- Witness testimony
- Admissions by the sender
- Phone records
- Metadata
- Other evidence linking the messages to a particular person
Screenshots alone may not always be enough if the authenticity of the messages is disputed.
Context Matters
Pennsylvania courts also expect parties to present complete and accurate communications.
If someone presents only selected portions of a text conversation, the opposing party may be able to introduce additional messages to provide the full context.
Messages that have been altered, are incomplete, or are taken out of context may be given little weight or excluded altogether.
Not Every Text Message Will Be Admissible
Relevant text messages can be powerful evidence, but not every message will be admissible.
Even when a text message is admitted into evidence, the judge determines how much weight to give it based on its credibility and its relationship to the statutory custody factors.
Preserve Important Messages
If you believe text messages may be important in your custody case, it is advisable to preserve them in their original format.
Avoid deleting messages, editing screenshots, or changing devices without first backing up the data. Keeping the original communications intact can help preserve the information that may later be important to your case.