Legal Question in Family Law in North Carolina
I have a custody agreement that states if me and the mother agree in some form of hard copy to any changes in the agreement it is binding weather temporary or not, depending on what were the terms of the agreement. the qustion i have is if she text me agreeing to something and then deletes the text message and calls the cops on me will my copy of the text be enough to defend me in court ?
1 Answer from Attorneys
If your custody agreement was properly drafted, it should specifically state whether text messages are sufficient. As is, according to the information you provided that question is up in the air. In any event you will likely still have a proof problem show who sent the text. Even if you can show it came from her phone - she can argue someone else sent it whether that is a lie or not.