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If the emails can be authenticated and tend to show something relevant to what the judge considers the best interest of the child, the answer is simply yes. If there are emails demonstrating animosity or disinterest towards the child, for example. They can also be used to impeach testimony - so if a parent says they are with the child after school everyday, and there is a regular series of emails written from work as late as 7pm, that should be allowed. If emails and other materials are being introduced to make the other parent look bad in a way irrelevant to caretaking, such as having several sexual partners when the child is not around, it will probably not be allowed and might damage the credibility of the party trying to introduce it.

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Yes, activities of a parent can be presented in court to help the judge determine what custody is best for the kids. While this behavior may not directly affect the kids, it will show the judge which parent is acting in a more responsible way. I was able to present pictures, recipts, and other proof showing how Mom wasn't acting in a responsible way and was easily awarded custody. What can and cannot be entered into evidence at any trial completely depends upon the judge's interpretation and appplication of the evidentiary rules.

Yes. However, I have had clients claim, particularly where the evidence is i.m. or cell phone texts that someone other than the client composed the message (someone else had the password, used the cell, the person left his computer on, etc.) It is up to the judge to decide whether or not this response is credible, or believable.

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โˆ™ 2015-09-13 13:20:09
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Q: Can email be used as evidence in a custody trial?
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Related Questions

Can illegally obtained email be used in a criminal case?

The accused has the right to challenge the admissibility of any evidence used against them at trial. Whether an e-mail or any other evidence is "illegally obtained" is subject to the interpretation of the court, not the accused. If the court rules that evidence is obtained unlawfully, it can be suppressed at trial and not considered.


Can the verdict in one trial be used as evidence in another?

A 'verdict' in and of itself cannot be used as 'evidence.' If you are referring to the OUTCOME of the previous trial being used in a subsequent trial, yes, it may be. This is known as referring to precedent.


You found evidence in gutter can you use it in a court trial?

Evidence of a crime can be used regardless of where it is recovered from.


Can evidence from one trial be used in another?

If the evidence is relevant in another trial, it can be used. The issue may be whether there should be a second trial at all. If it is a second trial with the same defendant there are issues of double jeopardy. If it is a second trial with a different defendant then the question arises whether the evidence is relevant. There can also be a civil trial following a criminal trial, in which case again the question is one of relevance. The most famous civil trial following a criminal trial is the OJ Simpson situation, and much evidence from the criminal trial was relevant to the civil lawsuit. See related links below.


What is the evidence used to do if a trial has no jury?

If your trial has no jury, then you or your counsel has chosen a "bench trial" whereby the judge will hear the case and render a decision. The evidence is used exactly as if a jury is present, only it, and the entire case, will be presented to the judge instead.


What is the document or evidence you are examining?

Evidence that is being examined will probably be used in a trial. Evidence can be gathered and examined by both the prosecution and the defense.


What is to suppress in a trial?

Suppress means to exclude or prevent disclosure, often used in reference to evidence sought to be introduced at a criminal trial. A motion to suppress is a request to a judge to keep out evidence at a trial or hearing, often made when a party believes the evidence was unlawfully obtained.


What rule stops evidence to be used in a trial that was obtained illegally?

exclusionary rule


A preliminary hearing is used to decide whether?

If there is enough evidence to go to trial


List three kinds of evidence used in a trial?

real, direct, and circumstantial


When is evidence admissible in court?

Refers to all evidence not legally prohibitted from being introduced in court or being used at trial.


The standard that illegally seized evidence cannot not be used at trial is known as the?

Mapp rule


Why evidence was used against King Louis XVI during his trial?

The Rules of Evidence were not required and no proof of any crime was mandated.


What principle states that illegally seized evidence cannot be used in a trial and neither can evidence be used that derives from an illegal seizure?

Exclusionary Rule (Weeks v.s. U.S.)


Evidence that is obtained illegally may not be used in a trial. What is this idea called?

exclusionary rule


Father and Mother are not married when Mother decides she does not want to be a Mom then abandons the Father and Child. Does the Father have legal rights for full custody?

The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.


Is a dirty home grounds for child custody to be lost?

Unfortunately, no. However, it is a piece of evidence that can be used. see links below


What rule states that if law enforcement does not gather evidence properly it cant be used in a trial?

exclusionary rule


How would a crime scene investigator defend their investigation in a court of law?

they would defend themselves by using solid evidence they have collected throughout there investigation. Evidence must be creditable to accept in the court of law. Crime scene investigators in order to maintain reliability must be certain and take every step of collecting evidence seriously. In this factor, experts also used to defend evidence findings from a crime scene. As long as the proper steps taken to collect the evidence to be able to test it then the crime scene investigator has done his or her job. The steps that would fir protocol are chain of custody is the evidence discovered the chain of custody starts. This would include who discovered and collected the evidence where it discovered and how it collected with the time and date. You have the photographs evidence for the location of the crime scene. Where the evidence located on the crime scene and objects that may be of use as evidence. There is the collection of the evidence, which as long as the guidelines followed to the last letter and times and dates put on the package without contamination then the evidence presented in court. The evidence put in a controlled environment until trial. There is the expert witness testimony, which used to defend the evidence creditability and how it relates to the trial. The expert witness can explain the findings of the evidence to show it is link to the defendant in the case.


What describes evidence obtained illegally that can't be used in a trial?

any evidence will be described as illegal if there is proof that it was forcefully obtained,without permission properly investigated .


Can evidence from a trial be used for the appeal process. Is the evidences still valid to be used on an appeal?

Yes, evidence used to support and refute the original verdict and or decision can be used during the appeals process. As an example, let's say the Judge ruled in favor of the prosecution when hearing evidence on the lawfulness of a search warrant. The defense provided evidence saying that the search warrant was unlawful and the prosecution provided evidence saying the search warrant was lawful. The evidence used on both sides would be admissible in the appeals court. However, you are not allowed to give new evidence or subpoena witnesses for testimony during an appeals. If the appeals court determines a legal error was made that altered the outcome of the trial, they will order a new trial. At which point you may present the new/old evidence and witnesses, as once sees fit.


Is a email a usable legal document?

No, not as a 'legal' document. HOWEVER: with the proper documentatnion it can be used as evidence.


Evidence that may not be used against a defendant in a criminal trial because it was obtained illegally is an example of the?

exclusionary rule


How is Frye Standard used in courts?

Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. It does not offer any guidance on reliability. the evidence is presented in the trial and the jury decides if it can be used.


What happened to somebody that denied being a witch during the salem witch trials?

They went on trial. And were probably found guilty. However, only 19 went on trial before the evidence that was used to justify arresting the accused, spectral evidence, was banned.