Legal Question in Family Law in Kentucky

tex messages

Can text messages be used in a custody hearing?


Asked on 2/17/09, 12:27 pm

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: tex messages

Yes, they can - also Facebook, Myspace, Emails, and all the other stuff we put out there today.

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Answered on 2/19/09, 12:32 pm
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: tex messages

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.

Generally speaking, text messages can be introduced as evidence in a legal proceeding if they are relevant to any fact at issue in the proceeding.

Use of this type of evidence is, of course, subject to challenge on the questions of authenticity and probative value. You may not, however, object to the use of text messages as evidence on the basis that they are "private" communications.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]

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Answered on 2/17/09, 1:17 pm


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