The Role of Digital Evidence in Custody Cases: What Every Parent Should Know

It wasn’t long ago that custody battles relied solely on in-person testimonies, paper records, and a whole lot of “he said, she said.” But today? Screenshots speak volumes. A seemingly innocent text message or a late-night Instagram story can tip the scales in a courtroom.

Digital evidence is now a major player in custody cases. If you’re a parent going through a divorce or custody dispute, understanding how your digital footprints impact your case isn’t just helpful — it’s essential.

Let’s unpack what that means for you.

A Quick Story (Because This Happens More Than You’d Think)

A few years back, we had a client — let’s call her Sarah — who came to us heartbroken. Her ex-husband was fighting for sole custody, claiming she was erratic and unreliable. He even had friends willing to testify.

But Sarah had kept her text messages. She shared screenshots that showed her checking in on the kids, coordinating drop-offs, and even stepping in when her ex forgot a doctor’s appointment.

It changed the case completely.

This is what digital evidence can do.

What Counts as Digital Evidence?

In custody cases, digital evidence is anything stored or transmitted in digital form that helps establish facts. It might include:

• Text messages and emails
• Social media posts and DMs
• Call logs and voicemails
• Photos, videos, and location data
• Dating app activity
• Bank or payment app activity (showing who paid for what and when)

• School or co-parenting apps like OurFamilyWizard or TalkingParents

If it lives on a phone, computer, or cloud — it could matter.

Why Does It Matter in Custody?

Utah courts — like many nationwide — make custody decisions based on the best interests of the child. They’re asking questions like:

• Is this parent able to meet the child’s needs?
• Are they involved and dependable?
• Can they co-parent civilly?
• Is the home environment stable and safe?

Digital evidence can answer these — clearly and sometimes indisputably.

Let’s say a parent claims they’re always available for the kids, but their Instagram shows them partying three weekends a month out of town. That raises flags.

Or maybe a parent denies making threatening comments — but there’s a saved voicemail that says otherwise. That’s powerful.

Want to talk to someone about what kind of digital evidence might apply in your case? Schedule a consultation. We’re here to help you navigate this.

Common Ways Digital Evidence Comes Into Play

1. Proving Communication (or Lack of It)

If one parent is ghosting messages about pickup times or failing to respond about school issues, that can show they’re not putting the child’s needs first. Conversely, saved texts can show you’re trying — even when the other side won’t cooperate.

2. Highlighting Stability or Instability

Patterns matter. Regular posts of partying, impulsive behavior, or unstable relationships might be considered red flags. On the flip side, evidence of steady routines, meals together, homework help, and time spent with your child — these build your case for custody.

3. Exposing Harmful Behavior

Harassment, threats, substance use, and even derogatory comments about the other parent — if it’s in writing or posted online, it’s hard to take back. Judges take these things seriously.

According to a 2020 survey from the American Academy of Matrimonial Lawyers (AAML), 81% of divorce attorneys reported a rise in cases using social media evidence. It’s real — and it’s happening in Utah, too.

4. Supporting or Undermining Testimony

A person might say one thing on the stand, but digital records can contradict them. Courts care deeply about credibility. If a parent says, “I was home all night,” but GPS data says otherwise — well, you get the idea.

But Be Careful — It Cuts Both Ways

Here’s the thing: digital evidence can work for you, but it can also work against you.

We’ve seen parents lose credibility — and custody — because of a few careless posts or messages. One angry text, one Facebook rant, or one misleading post can spiral.

So here’s some friendly advice:

• Think before you post. Better yet, take a social media break.
• Don’t send texts or emails in anger. If needed, write it out in a note and delete it.
• Avoid talking about your ex online — even indirectly.
• Stay child-focused. Always.

If you’re navigating child custody in Utah, and you’re unsure what’s safe or not, give us a call. We’ve seen all kinds of cases — and we can help you avoid common pitfalls.

Tips to Safeguard and Use Digital Evidence

If you believe digital evidence might help your custody case, here’s what to do:

1. Save Everything
   Screenshots, email threads, call logs — don’t assume platforms will keep things forever.
2. Stay Organized
   Create folders for each category: communication, schedules, receipts, etc. Judges appreciate clarity.
3. Don’t Edit or Alter Anything
   It can hurt your credibility. Present the full picture.
4. Tell Your Lawyer Everything
   Even if it feels minor, let us know. Sometimes the smallest message makes the biggest impact.
5. Use Co-Parenting Apps
   They’re timestamped and court-admissible, which can make a world of difference.

Want more on smart custody planning? Check out our page on how to get full custody in Utah.

You Deserve a Fair Chance — Let’s Help You Get It

Custody disputes are emotional. They’re messy. And they matter more than anything.

Digital evidence won’t magically win your case — but it can be a strong ally. The key is knowing what matters, what to avoid, and how to use it wisely. That’s where we come in.

At Brown Family Law, we’ve guided hundreds of Utah families through complex custody battles — and we’re ready to do the same for you. With compassion. With clarity. And with the legal strength to fight for what’s best for your child.

If you’re unsure about your digital trail or want a custody strategy tailored to your case, let’s talk.

We’re here to help — and we’ll walk beside you every step of the way.