My ex-wife stole my cell phone that contained text messages that could possibly be used against me in a child custody battle.
I left it with my child while he was with my ex-wife during her parenting time and when he was returned to me she had taken the phone.
Can those text messages on a stolen phone be used as evidence in a future custody case?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
Where I practice, the old text messages could be used as evidence because they were relevant as to what was in the best interest of the child.
Whether or not the phone being taken was a crime would be determined by the district attorney or city attorney in your area.
If the state decided to prosecute her for stealing the phone, those charges could possibly be used as evidence that she is unfit to care for the child.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.