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Digital Evidence is Gamechanger in Many Child Custody Disputes

The availability of digital evidence has become a gamechanger in divorce cases. From over-sharing on Facebook to ubiquitous cellphone records, the information is out there to affect all aspects of divorce resolution.

This includes Oakland County child custody disputes. Do you suspect that your ex-spouse is having an inappropriate relationship that should negatively influence his or her case for custody? It may well be that text messages are available to document the problem.

According to a recent survey, more than 9 of 10 attorneys think the use of evidence from mobile phones has increased dramatically in just the last three years. The survey was conducted by the American Academy of Matrimonial Lawyers (AAML).

The president of the AAML, Ken Altschuler, told MSNBC that text messages are often “the most incriminating pieces of evidence because they are regularly composed at the spur of the moment and can reflect raw emotions.”

Evidence taken from Facebook and other social media platforms is also increasing rapidly in divorce cases. More than 8 of every 10 AAML members reported an increase in that type of evidence in 2010.

more. More and more people have become tethered to their smartphones or other electronic device of choice. And few people pause to erase improper material from their phone records. The records pile up, often documenting indiscretions.

The result can be an evidentiary boon to the other side when the divorce process begins.

Source: “Divorce lawyers see more phone evidence, especially texts,” MSNBC, 2-10-12