Can You Use Text Messages in Family Court
As a parent, all you desire to do is make sure that your child is safe and healthy. Sometimes, it can be challenging to observe the line between existence overly protective, and not doing enough to keep your youngster out of harm'due south way. Later on all, y'all know that the earth can be a unsafe identify, and though your child's innocence is function of what makes them so special, it can also be a danger to them - particularly in cases where their naiveite leads them into danger. Ultimately, you can't wrap your kid upward in cotton wool wool and prevent them from living their life. Children need a certain level of independence to find their identity and discover their place in this globe, but that doesn't hateful that you can't do anything to help protect your loved one.
Attorney Shapiro isn't simply a divorce lawyer; he besides handles matters beyond the full scope of family unit constabulary. Sometimes, this means helping parents to understand how they can continue to protect and intendance for their child later a divorce as a child custody attorney. Other times, Attorney Shapiro is on manus to help answer some of the complicated questions that modern parents face up every day, like "when is information technology appropriate for a parent to read their children's text messages?" As cell phones, text messaging and technology emerge as a common part of the average youngster's life, questions around a parent'southward power to monitor their kid'southward phone frequently arise in cases of family unit law.
The Line Between Protection and Independence
In virtually cases, the courts of New York dictate that parents should be able to monitor their children's cell phone use, including whatsoever text messages that the kid receives or sends. Ultimately, until your kid becomes an adult, it'due south your responsibility to keep them safe, and that can include watching their letters if you feel as though such an action is necessary. Parents can monitor their child'south text messages in a number of means, from just scrolling through the telephone, to downloading apps that allow them to remotely check messages.
As a divorce attorney, Mr. Shapiro oftentimes sees cases arise in which parents want to use the messages that they find on their kid's phone to back up their kid custody or divorce instance. If yous hope to utilise the information on a kid's phone equally prove in a family law proceeding, then there are certain rules and potential hurdles to consider. For instance, as Attorney Shapiro reminds his clients, it tin exist hard to testify for certain that the text is accurate. For a text to be used in court, you and your divorce lawyer volition need to evidence that the other part was, in fact, the person who sent the bulletin.
In certain situations, information technology may not be plenty to but show that a certain number sent a message. After all, cell phones can be used past people other than their intended possessor. A message sent from ane person's phone may not have been typed past that same person. Another potential issue in using text letters for show is that the New York Courts mostly regard this grade of communication as inadmissible hearsay. The rules of family law dictate that out-of-court statements tin't be entered into a case unless specific exceptions use.
Text Messages and Privacy of the Sender
There are enough of problems involved with using text messages as show in a child custody or divorce case. In well-nigh situations, Attorney Shapiro will advise against using this content in a case unless it'south absolutely necessary. Besides the fact that texts can be alleged inadmissible, in that location'due south also the problem of sender privacy to consider. The federal police force prohibits the transfer or sale of any records on a cell phone - including text messages. This law highlights the fact that both receivers and senders using cell phones should have a right to privacy in their messages. As such, parents usually won't exist able to obtain official copies of text letters from a service provider, unless they can get an order from the courts of New York.
Unless the case in question demands that the court examines the text messages sent to a child's phone to help them make a determination regarding kid custody or divorce problems, and so it'due south unlikely that cellphone records volition assistance with your case. Although, as a parent, you have the right to monitor your child's cell telephone activeness, using that activity in your legal proceedings is a different matter entirely. Of course, whether or not the court considers the messages to be essential to the information of the example volition depend on the state of affairs in question. Also, whether or not it is an improper invasion of privacy for one parent to monitor the text messages between another parent and the child is a topic for another twenty-four hours.
If you're currently dealing with the complexity of a New York divorce or child custody upshot, achieve out to the Law and Mediation offices of Attorney Darren Shapiro today for help planning your example. You volition exist able to volume a free thirty-minute consultation, to begin with, addressing problems similar divorce, adoption, separation, and child custody. Call today at (516) 333-6555.
Source: https://www.darrenshapiro.com/text-messages-and-child-custody-cases.html
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