Can Your Texts Be Used Against You in Court?

When individuals face a divorce, a custody case, or a protective order hearing, they often ask me about the admissibility of their digital communications. Specifically, they want to know: Can text messages be used as evidence in Kentucky Family Court?

The answer is unequivocally YES. Text messages, like emails and social media posts, are considered written statements and can constitute a powerful form of evidence. However, their use is not automatic; they must be admitted under the stringent Kentucky Rules of Evidence (KRE), rules which can only be applied by the presiding Judge. Understanding how these rules apply is critical, as a single ill-advised text can significantly impact the outcome of your case.

The Three Hurdles to Admissibility

For any text message to be presented to a judge, it must successfully navigate three primary legal requirements: Relevance, Authentication, and Admissible Hearsay.

1. Relevance: Connecting the Message to the Matter

First, the evidence must be relevant —it must logically tend to prove or disprove an important fact in the legal action. Irrelevant personal messages are likely to be excluded, but communications related to the core issues can be highly sought after. For example:

• In Custody Cases: Texts demonstrating a failure to co-parent, containing disparaging remarks made about the other parent in front of the child, or admitting to substance abuse while in possession of the child are highly relevant to the "best interest of the child" standard.
• In Financial Matters: Messages that reveal a spouse's concealment or dissipation of marital assets—such as admitting to transferring funds to a third party or making an unauthorized large purchase—are relevant to the equitable division of property.
• In DVO Hearings: Texts containing threats of physical harm, harassment, or evidence of stalking are often the most direct and relevant proof of domestic violence or abuse.

2. Authentication: Proving the Source and Integrity

This is probably the most frequent challenge to admitting digital evidence. The party introducing the text must authenticate it—that is, they must provide sufficient proof that the message is genuinely what they claim it to be and that it has not been altered.

Methods of authentication commonly employed in Family Court include:

• Testimony of a Participant: The person who received or sent the message can testify, under oath, to the origin and integrity of the communication.
• Distinctive Characteristics: The content of the message itself may suffice if it refers to facts or circumstances known uniquely to the sender, confirming their identity.
• Response Authentication: If the text is a reply to a previous message and the content logically confirms the identity of the replier, the judge may deem it authentic.

Most attorneys—myself included—strongly advise against relying solely on cropped screenshots, which can be easily challenged as having been taken out of context or manipulated. The preferred method is usually to preserve and present the entire conversation thread, including the recipient's phone number and the timestamp whenever possible, to maintain evidentiary integrity.

3. Admissible Hearsay

Generally speaking, hearsay—an out-of-court statement offered in court to prove the truth of the matter asserted—is inadmissible. However, text messages between the parties can often be admitted under an exception to the hearsay rule.

This typically means that any relevant statement you texted can probably be used against you, and any relevant statement the opposing party texted can probably be used against them. This exception allows the court to directly consider the content of the communications relevant to the dispute.

My professional advice is universal and pretty simple:  do not commit anything to a text, email, or social media post that you would not be comfortable having read aloud by a lawyer in front of a Family Court Judge.

That means, when communicating with your spouse or co-parent, maintain a professional, business-like tone. Focus exclusively on the children's needs, health, and schedule. By practicing this restraint, you mitigate the risk of creating damaging evidence and ensure that your communications, if admitted, serve to support your position as a reasonable and responsible party.

Disclaimer:   This article is for informational purposes only and does not constitute legal advice to any current or future client of Reed Law Group, PLC.