Legal Question in Family Law in New York

Admissable emails in custody hearing

Husband has gained access to private emails of the wife either by hacking in or loading a email forwarding spyware on her computer. Either way...both (or either) were done without her consent or knowledge.

He intends to use several obtained emails against her to gain custody of the children.

Are these emails admissable in court?


Asked on 3/06/06, 11:28 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Admissable emails in custody hearing

No. They are not under Article 46 of the CPLR.

Your lawyer will know this.

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Answered on 3/06/06, 11:54 am


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