Maryland Family Law

The power of text messages

The National Law Journal published an article last week about the impact of text messages on family law cases.  Such messages can provide evidence of an extramarital affair, or produce other damaging statements in divorce/custody/domestic violence cases.  I have also found it is common for separated parents to communicate with each other about their children via text messages.  The article provides a few specific examples of cases where text messages were central and valuable pieces of evidence.

Once you have received a potentially "useful" text message, now what do you do?  Contact your attorney right away...text messages are fleeting, and you need to be able to access and preserve them in a manner without altering them.  Even if you do not actually alter the message, it can be problematic if the message is copied in such a way that you had the opportunity to change the message.  Keep in mind that you cannot simply show the judge the message on your phone.  The judge is required to make a record of everything that he or she has considered in rendering a decision.  In some courthouses, you would not even be able to take your phone into the courthouse in fact.  Some thought and proper planning is essential.  

Yet another reason NOT to share passwords

An article on law.com discusses a case in New York in which the spouse was able to use emails from her husband's account as evidence that he was attempting to involuntarily impoverish himself.  It makes a HUGE difference in how evidence is obtained....in this case, the wife logged into his email account, using the password he provided her with, and downloaded the emails.  The key here is that he gave her the password and had apparently never changed it when the relationship went sour.  The result would have been quite different had she stolen the password, possibly subjecting her to criminal prosecution and the evidence not being admissible.  This is an area of the law that is very state-specific and complicated.  Readers are cautioned to check with an experienced attorney before taking any action intercepting electronic information.  With proper planning, this information can be found through proper and legal means such as subpoenas and/or hard drive imaging.

Before you become your own private investigator...

Today, one of the local news outlets featured this piece about whether it is legal to tape a telephone conversation.  If you are trying to prove a parent is not fit, or a spouse is hiding assets or engaging in adultery, the temptation is strong.  From time to time, clients have come to me with videos, emails, photographs and tapes, and there are several things you need to consider before using (or even taking) such evidence.  For example, the evidence is considered hearsay, and may not even be admissible in court unless one of the exceptions applies to that particular instance.  Furthermore, you may be subject to criminal prosecution in violating trespassing or wiretap statutes.  You may even be liable for damages in a civil lawsuit for invasion of  privacy.  Finally, the evidence may be deemed unreliable by the judge, and it can even damage your credibility in court.  Before you start your own sleuthing mission, be sure to consult with a knowledgeable attorney, and may also want to enlist the services of a reputable private investigator who can testify in court if necessary.

New Year's Resolutions

With the start of a new year, it's the perfect time to think about what has been working in your life and where improvements can be made.  Many people plan to "get organized" in the New Year, an excellent idea if you can stick to it!  In that spirit, I encourage you to think about legal issues which may arise soon, for example: tax issues, planning your estate, improving family relations.  If you haven't already done so, take the time to collect information about your monthly expenses, assets, and debts.  You may want to have a will or trust drafted to protect your family and possibly save on future taxes.  If you share custody of children or have a visitation schedule, organization can help to avoid disagreements and unnecessary litigation.  You can mark visitation schedules on your calendar for the year in advance, and set up a system (such as email) to share information about the children with the other parent.  If you are tech-savvy, use a group calendar feature such as Google, Yahoo, or MS Outlook to coordinate visitation.  With a little planning now, you can reduce stress in the new year!