(719) 328-1616

2 N. Cascade Ave., 11th Floor
Colorado Springs, CO 80903
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Be careful what you say in email/text and what you post in social media during your custody case…..IT COULD BE A DISASTER WAITING TO HAPPEN!!!!

Although text messages, emails and social media are a huge form of communication, they can, and often are, used as evidence in your custody case.

These forms of communication capture your state of mind, what you think of the other parent, what you were doing on a specific date and time, who you are spending your time with, potentially if you were drunk, etc. And unless you are using a text to give the other parent a friendly status update, they are never used in a positive way, but as damning evidence you cannot co-parent.

Don’t swear, even if the other parent starts it. Judges do NOT like to see parents being nasty to each other and text messages, emails and social media are the number one source to obtain proof of a parents’ behavior toward the other. The problem with texts and emails is that, like the telephone, they are immediate, often sent without reflection, but unlike a phone call, they leave a permanent record.

Abraham Lincoln, upset at General McClellan’s hesitation during the Civil War, drafted a nasty (by Lincoln’s standards) letter, which asked to have the army returned if McClellan was not going to use it. It gave Lincoln great satisfaction to write, and after sitting on it for a few days, he never sent it.

The moral of that story is that if a text feels good, you probably should not send it. Don’t text when upset, don’t text drunk, and if you cannot control yourself, take a few breaths, wait before responding, have someone else read the text to make sure it is okay. Whatever you do, remain civil, don’t bait the other person, let him/her bait you, don’t swear. In other words, do anything possible to avoid creating evidence against you.

Have a CO defense or family law case? Black & Graham can help.

(719) 328-1616

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