For most of us, our smartphone is part of daily life. They hold our photos, conversations, reminders—practically everything. But if you’re going through a divorce or custody dispute in family court, that same phone can also retain information that ends up in a courtroom. In many family law cases, smartphones play a larger role than people realize.
Your digital footprint can paint a picture of how you communicate, how you spend your time, and even how you parent. That’s why being aware of what’s on your phone—and how you use it—can make a real difference in family court.
Remember, anything you say or do with your smartphone can be used against you in family court. You can wipe all evidence from your smartphone, but evidence of you remains on the smartphones of others.
Below are some best practices for using your smartphone.
Text Messages Tell Stories
Every message you send can be interpreted a certain way. A single frustrated text might seem harmless in the moment, but could look different when read out of context in court. On the other hand, calm, consistent communication—especially about your children—shows maturity and a willingness to cooperate. It’s often not what’s said, but how it’s said that matters.
Social Media Can Complicate Things
It’s easy to forget that what we post online is never truly private—a photo, a comment, even a simple “like” can be misunderstood. An innocent night out might be framed as poor judgment or worse. A new relationship post might seem insensitive. Before sharing anything on social media, ask yourself how it might appear to someone who doesn’t know the whole story — especially a judge.
Location Data and Apps Hold Clues
Phones quietly keep track of where we go and when. That information can confirm or contradict statements made in court. For instance, if a dispute involves parenting time or alleged misconduct, GPS data or app records could become evidence. It’s another reason to be mindful about accuracy and honesty in your case.
When It Involves Your Child’s Phone
If your child has a smartphone, the court may also consider how you supervise their use. Are you monitoring who they talk to? Are parental controls in place? A parent’s awareness and involvement in their child’s online life can reflect positively or negatively on their overall approach to parenting.
Be Thoughtful, Not Fearful
The goal isn’t to live in fear of your smartphone—it’s to use it wisely. Avoid deleting or hiding messages once legal proceedings begin, and think twice before posting anything that could be misread. If you’re unsure about what’s safe to share, seek out the advice of a competent family law attorney.
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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