New York, NY asked in Family Law, Child Custody, Child Support and Domestic Violence for New York

Q: Can I use photos / text messages as evidence ? Instead of a police report

I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no contact at all ) and two years later he served me for custody papers out of the blue

2 Lawyer Answers

A: Yes, but you'll (1) need counsel, (2) need to know how to present it to the court. Text messages are considered evidence in the right context.

A: The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an attorney ask the court to appoint an attorney to you.

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