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)

 

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.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 1008 reviews
⭐️⭐️⭐️⭐️⭐️

Navigating a divorce is never easy, and I am so grateful to have had the support of attorney Nathaniel Garrabrandt and paralegal Carren Leavitt. From start to finish, they were responsive, professional, and compassionate. I really appreciated the weekly check-in Every phone call and email was answered promptly. There were moments when I needed immediate help with custody issues and protection—Nathaniel handled those situations with calm expertise and gave me the reassurance I needed during such a stressful and uncertain time.

Divorce can feel overwhelming, but having strong legal guidance made all the difference. Nathaniel and Carren provided not only the legal knowledge but also the steady support that helped me feel protected and confident moving forward. I couldn’t recommend Briwn Family Law more highly to anyone needing a reliable and caring legal team!
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David! And to his team Candace & Brooklyn for being very helpful in keeping constant communication open. I enjoyed working with everyone!
I had a great experience. Amazing guidance and direction to best help me and my situation.
This has honestly been a first-class experience! I've gotten to work with many attorneys throughout my life and none have been as attentive as, Clay Randle has been.
Daniel and Carren were great to work with. They took time to help me understand the process and get through a difficult time. When I had questions they were quick to respond and really listened to my concerns.
Glad Jason was fired. Clay can handle any case like a champ. Thank you brown family law.
Kayelise was the easiest to talk to. She addressed all my questions regarding my divorce and has so much empathy for those she talks to. I can’t thank her enough for her guidance in my divorce and answering all my questions.
I have had the privilege of working alongside Nate Garrabrandt through our BNI group and hearing him share valuable insights every week about the divorce process. Even though I haven’t personally needed the services of Brown Family Law, I can confidently say that Nate is extremely knowledgeable, well-educated, and passionate about helping his clients navigate such a challenging time. His professionalism and expertise stand out, and I would not hesitate to recommend him and his firm to anyone in need of a skilled divorce attorney.
I’ve had the privilege of working with Mr. Schwarz on various projects and would be confident in recommending him for any legal services. As a colleague, he displayed respect, integrity and loyalty to his partners. As a professional, he demonstrated incredible competence, skill and mastery of his field. He cares for his clients and their vision and works tirelessly for them to achieve it. Highly recommend.
I have worked alongside Nicholas Schwarz in a Judge's Chambers, and I can attest to the qualities that make him such a great attorney. Mr. Schwarz is highly intelligent and perceptive, but also exudes a quality of genuine compassion, which you unfortunately don't find in many attorneys.

His experience working directly for a judge gives him an invaluable edge. He has a firsthand inside view of the legal system that is unteachable. This understanding alone is an incredible asset and a huge leg up in any legal matter. He's also just an encyclopedia of information, not only about the law but also about everything else. This is a testament to his naturally inquisitive and intelligent mind and is also quite comical.

But what truly characterizes his work is his love for family, first and foremost. He will represent every case with compassion and fight tirelessly for his clients as if they were his own family. You won't find a better advocate than Nicholas Schwarz if you're looking for an attorney who is intelligent, likable, and truly devoted to not only your case, but for your best interests.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories