Can Text Messages Be Used in Family Court?

Understanding Admissibility, Context, and Digital Evidence in Washington Family Law Cases

In today’s digital world, text messages often contain critical information in family law disputes—from parenting time conflicts to harassment allegations. But are text messages actually admissible in family court?

The short answer is yes, text messages can be used as evidence in Washington family law cases—but not automatically. There are rules around authentication, relevance, and context that must be followed to ensure your texts are legally accepted and persuasive.

At the Law Office of Erin Bradley McAleer, we help clients gather, present, and challenge digital evidence effectively in high-stakes divorce, custody, and protection order matters. Here’s what you need to know.

Are Text Messages Admissible in Family Court?

Yes, under Washington’s Rules of Evidence, text messages are generally admissible if they meet three key requirements:

  1. Authentication – You must prove that the message came from the person you claim sent it.
  2. Relevance – The message must relate to an issue in the case, such as parenting behavior, threats, or co-parenting communication.
  3. Hearsay Exceptions – If the message is being used to prove the truth of its contents, it must meet a hearsay exception (e.g., admission by a party opponent, present sense impression).

If these elements are satisfied, a court may accept text messages as evidence and consider them in its rulings on custody, visitation, support, or domestic violence claims.

How Do You Authenticate a Text Message?

Authentication simply means proving the message is genuine. In most cases, this involves:

  • Showing the phone number or contact name belongs to the other party
  • Providing screenshots that show a consistent text thread
  • Testifying about the circumstances (e.g., “I received this from their known number at 8:03 p.m.”)
  • Including metadata (time/date stamps) or backing up with phone records if challenged

If the other party denies sending a message, further evidence may be required—such as witness testimony, context clues, or corroborating communications (e.g., email or voicemail references to the same event).

What Makes Text Messages Useful in Family Law Cases?

Text messages are often used to prove:

  • Parental behavior (e.g., refusal to cooperate, missed exchanges, profanity, or manipulation)
  • Communication history (e.g., one parent consistently tries to co-parent while the other refuses)
  • Harassment or threats (e.g., in support of a protection order)
  • Admissions or agreements (e.g., acknowledging drug use, agreeing to a schedule change)

However, tone and context matter. A single message taken out of context can be misleading—and courts know that. That’s why it’s important to present messages in full threads and with surrounding facts when possible.

Best Practices for Presenting Text Message Evidence

Here are a few key tips when using text messages in court:

  1. Take Clear Screenshots – Include timestamps, contact names, and full conversations. Avoid cropping.
  2. Organize Chronologically – Present messages in order and number your pages.
  3. Avoid Altering Texts – Don’t delete, rewrite, or selectively edit threads—doing so can damage your credibility.
  4. Preserve Original Devices – Keep your phone or a digital backup available in case authenticity is challenged.
  5. Be Strategic – Only include messages that clearly support your claims. Avoid overwhelming the court with emotional or irrelevant content.

What If the Other Parent Submits Inflammatory or Inaccurate Messages?

If the other side tries to submit misleading or selectively edited messages, your attorney can:

  • Challenge the authenticity or completeness
  • Provide fuller context or contradictory messages
  • Object to hearsay or lack of relevance
  • Request exclusion under Washington’s evidentiary rules

Remember, judges have seen many of these disputes before. Text messages can help—but only if presented thoughtfully, legally, and in context.

Work With an Experienced Family Law Attorney

Whether you’re pursuing custody, defending against a protection order, or enforcing a parenting plan, digital evidence like text messages can make or break your case. But they must be presented correctly and strategically.

At the Law Office of Erin Bradley McAleer, we assist clients across Vancouver and Clark County in preparing strong, admissible evidence that supports their claims and protects their families. If you’re unsure about how to use or respond to text message evidence, our team is here to help.