How Far Back Can Text Messages Be Used in a Custody Case?
Reviewed by Jacob Reed, founder of Verity ·
Short answer
Usually there is no fixed time limit on texts as evidence; the question is whether they are relevant to what the court is deciding now. In a first custody order, the recent pattern of how the parents communicate tends to matter most. In a request to change custody, the focus is usually on what has changed since the last order. In a protective order case, recent incidents carry the most weight. Keep the whole history, and let your lawyer pick the months.
Old messages can still matter, especially when they show the same pattern going back years. But a judge has limited time, and the newest messages usually say the most about today.
It depends on the case
- First custody order: the pattern of communication around the separation and since.
- Changing an existing order: usually what has changed since that order; older messages may show the pattern started earlier.
- Protective order: recent incidents first; older ones can show the pattern behind them.
- Every state and judge handles this a little differently; your lawyer will know what yours expects.
Why to keep everything anyway
You can’t tell today which months will matter, and messages that are gone can’t be brought back. Export the whole conversation now and keep it: see how long each app keeps messages. Deleting old texts during a case can be treated as destroying evidence (what to know).
Pick the months, keep the numbers
Verity lets you print only the dates that matter while each message keeps its number from the whole conversation, so a judge reading the last six months can still see where each message sits in the full record. Reading every message on screen is free.
Related
For a hearing that is days away, see what to do with your texts this week; for changing an order, see text messages in a custody modification.
Where does Verity fit?
The numbered list ($19) prints the dates you choose; the reports ($99 Standard, $149 Detailed) quote the flagged messages with their dates and numbers. Everything is read in your browser; your messages are not uploaded.
This is general information, not legal advice. Rules differ by state and by court; your lawyer or the court’s self-help center can tell you what applies to you. If you or your children are in danger, call 911; the National Domestic Violence Hotline is 1-800-799-7233.
Keep the whole history, print the months that matter
Try the sample first, or use your own messages. They are read in your browser and are not uploaded.