Pittsburgh, PA asked in Family Law and Child Custody for Florida

Q: There was no evidence of texts supposedly sent, yet the judge accepted them and took their word over lack of evidence??

So what happened was during a custody trial, the father had claimed the defendant was trying to keep the daughter away from him (he’s behind on child support and has lied on who was watching over their daughter among other relevant things) and had said he had evidence that he wanted thing to work out and that she wasn’t interested, but has no text evidence of it. The mother had plenty of evidence over texts of the concerns she had, yet the judge had favored the father over the mother under the impression that the father was something he wasn’t. The lawyer didn’t bring up the fact that there was no evidence, and he has ended up with majority custody and the mother has to now pay child support, even though he was behind on his payments. I feel this is an injustice and he has abused the legal system to hurt the mother financially and take the daughter away from the mother. I want to know if there is any validity to what I feel is wrong and if there is anything they can do about it

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: If text messages were offered as evidence, presumably someone testified about those texts being sent. That would be sufficient evidence of the texts. There might be hearsay problems, but that would depend on such matters as what exactly was intended to be shown by the introduction of each text, who was offering it into evidence, etc.

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