“Every case is different.” This is a cliche that has some truth. There is no one-size-fits-all approach. However, the majority of cases involve such similar issues and evidence that we can create a helpful how-to that every spouse and parent can refer to for preparing their evidence for a family law case.

How to Export Texts

Because so much information is shared by text message, these messages can be critical evidence in lawsuits, including family law cases.

Written evidence has to be produced in a format that can be read by the judge and preserved by the court reporter. This means it is not enough to have your phone at the trial if you want to show a text message. You must have the text messages printed out or in a PDF file that can be stored on a USB flash drive (or both).

It is relatively easy on most cell phones to take a screenshot of anything appearing on the screen. However, this is one of the least desirable ways to share your text message evidence. Screenshots from some cell phones are very low resolution, which means that when the texts are printed on paper they are so grainy that they are illegible. Screenshots are also limited to what you can see on the screen, so you can only see a few messages for any given screenshot. Text messages require so much context that many times the meaning of the texts in a screenshot cannot be fully understood from the screenshot alone. So you need to be able to produce all the text messages in a format that is easily readible and understood.

*You should not edit, alter, delete, or otherwise manipulate any messages on your devices. Even if no lawsuit has been filed, there are rules requiring you to preserve all evidence if there's even a chance of a legal proceeding. There can be severe adverse consequences if evidence is hidden or destroyed.

There are basically two types of cell phones: Androids and iPhones. Text messages on Androids can often be exported to PDF format using a relatively cheap application called Legal Text Collector. Text messages on iPhones may be exported to PDF using applications like iMazing which costs much more than the Android option. iMazing functionality seems to vary depending on whether the iPhone's iOS software is up to date or not. In our office, we prefer and use iExplorer

These concepts apply to other evidence. If you have the option of downloading PDF bank statements or taking screenshots of account statements from your phone, download the PDFs. Even if you feel that the screenshot captured all the important information, a screenshot gives the other side the license to complain about not having "the whole thing." Those complaints can cause unnecessary delays in obtaining justice. It is worth the extra effort for you to obtain complete PDF records when you can.

How to Export Emails

Most email service providers are searchable. Going through months or years of emails can be onerous and may even require the services of a computer expert.

CloudHQ.net offers a number of Gmail productivity tools, including an email search and export feature. CloudHQ has a standalone website for this feature: https://www.save-emails-as-pdf.com, and a Chrome extension. To begin, you may navigate to the CloudHQ site and search for the “Back up or save email messages to PDF.” There is a button that says “Start Wizard >>” Click that button to initiate the process.

How to Prove Each Parent’s Parenting Time (Visitation)

Every separated or divorced parent of a minor child should keep a simple calendar and keep notes about when they have the child and when the other parent has the minor child. Each parent should especially note when there is a court-ordered schedule and the other parent routinely does not exercise the time they could have under the schedule.

Keep an ongoing, real-time record of parenting time and events

Keeping track of parenting time and significant events is relatively simple. All it takes is a small calendar or daily planner. A mobile phone app that allows you to keep notes works, too. When there is a noteworthy event related to the other parent or the child, make a simple note about what happened. Include enough information about what happened so that if you are looking at it months or even years later, you will be able to remember the important details. If the notes are made very close to when the event occurred, such as the same day or the next day, there is a special rule of evidence that allows such notes to be read into evidence in court if necessary.

The law treats records and notes made at the time events happened as more reliable and trustworthy as opposed to sitting down months or years later and trying to think back and remember events that weren’t recorded when they happened. A journal, record, or calendar created from memory after time has passed is inadmissible in court. If you use an app to keep your notes, make sure that your electronic devices are routinely backed up so that you can access the information when needed. If you use a paper calendar, try to use a calendar that can easily be copied or scanned. Do not keep notes about your private life on the same calendar, and do not make derogatory notes or comments about the other parent. Keep in mind that at some unknown point in the future, complete strangers such as lawyers, judges and even child custody experts could be looking at your notes and deciding if the notes are reliable and accurate.

How tracking parenting time can help

Whether there is a court order or not, when parents are separated, it is a good idea to make a record of the time that each parent has each minor child. If there is a court order for custody and visitation and a parent frequently declines to exercise their time with a child, their failure to exercise their time with a child could be a reason to modify the custody and visitation schedule. Accurate records showing which parent had the child can be valuable evidence proving specific events, parental involvement and relationship history with the child, and more.

Other Fundamentals

“I have it on my phone,” is not evidence. If you have a photo, it should be printed as an exhibit. If you have a video or audio recording, it should be on USB flash drives for your opposing party and the court reporter, and you should bring a tablet or other device so that you may play the recording at the appropriate time.

How to Put Evidence Together for a Family Law Case