These days technology is all around us. That is an important thing to remember during a custody dispute. Emails, voice mails, online chat messages (eg yahoo, msn, skype) and video are all being used in courts as evidence.
Should you keep these communications? Definitely!!! The courts are catching up with the technology available and you won’t know if you can use it until you ask your judge. If it is allowed these communications could be the key to turning a custody case.
The other thing to remember is that if you can use them then the other parent can use them as well. People are more informal and don’t have a cooling off period after receiving an email or voicemail and tend to respond in a manner than may not impress the judge. Think before you respond and always consider it could end up in front of your judge.
There have been people saying that keeping these communications leads to negative situations between the parents but in my opinion it helps not hurts. Sometimes we need a moment to think twice before we respond. I think most people can recall the now infamous voice mail Alec Baldwin left for his daughter. That voice mail ended up in front of his judge and was used against him to demonstrate his behavior. One voice mail was all it took for the public opinion of Mr. Baldwin to fall sharply. Now most of us aren’t that famous and our voice mails will never end up on national tv but they can end up in front of your judge. Do you really want one heated moment to be the reason you lose custody of your children? Think twice before you respond especially when you are angry. It will definitely help parents be more civil if they know that everything they say can now be heard by the judge as well.
One important caveat – do NOT illegally record phone conversations. Each State has its own laws so make sure you are within the law. An illegally recorded conversation will not be allowed in court.