Can Text Messages Be Used as Evidence in Texas Custody or Divorce Cases?

In this article, you can discover…

• Whether text messages can be used as evidence in a Texas divorce case.
• If it is possible to subpoena and recover deleted texts in a divorce case.
• How an attorney can help you use text messaging wisely during a divorce.

Are Text Messages Admissible As Evidence In Texas Divorce And Child Custody Cases?

Yes, text messages can be used as evidence in child custody and divorce cases. However, there are certain rules that apply depending on who the text messages are between and their content. In many cases, texts that are not between you and your spouse would be considered out-of-court, inadmissible hearsay.

For this reason, we highly recommend that you and your spouse use a co-parenting app to communicate. This keeps texts and communication easily downloadable and makes it easier for attorneys to see the whole conversation, dates, and times.

If you choose not to use these apps, you should still make sure your attorney has a way to view who sent and received the text message and when they were sent.

Can Text Messages Between Parents And Children Be Used In Texas Family Court Proceedings?

It may be permitted, but it’s not ideal. In some cases, texts between you and your children or your spouse and your children may be admissible. In other cases, such texts may be considered hearsay and inadmissible, as they are not directly between you and your spouse. It really depends on the nature of the text and the topics covered.

Can Deleted Text Messages Be Recovered Or Subpoenaed In A Divorce Or Custody Case?

Yes, it is possible. When a petition for divorce is received, it includes “Standing Orders” that order the party not to delete any evidence that pertains to the divorce. This includes text messages, emails, and other digital evidence. If the other party has violated Standing Orders and has deleted texts or other evidence, you can get a motion to enforce filed against them to subpoena that information.

Attorney Travis Granger is a hard-working, respected family law attorney serving Texas. Since 2021, he's helped clients just like you communicate effectively, safely, and thoughtfully with spouses during a divorce or custody case. 

Have questions, or in need of legal guidance? Reach out to The Granger Law Firm, PLLC for an initial consultation today. 

What Is The Best Way To Organize And Preserve Text Message Evidence For Family Court?

The best way to preserve texts for family court is to use a parenting communication app. They come in different price ranges, but finding one that works well for both of you can help keep communication organized, downloadable, and easy to review and access for court.

Should I Continue Communicating By Text During A Divorce Or Custody Dispute?

Yes, you should continue to communicate through text, especially if it regards your child. You and the other party will still have to co-parent, coordinate exchanges, and communicate if your child is sick. Having said that, it’s best to keep text-based communication minimal, polite, and focused on your child. Don’t use texts to argue back and forth, and don’t text anything that could be used against you later in court.

How Can A Family Law Attorney Help Me Effectively Use Text Messaging During A Divorce?

An attorney can advise you on how to keep your messaging civil and focused on your child, bills, and practical things. Your lawyer can also advise you on which topics to stay away from and how to communicate to best help your case and protect yourself, your parental rights, and your interests in court.

Still Have Questions? Ready To Get Started?

For more information on communicating through text during a Texas divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 800-7394 today.