When you are involved in a family law dispute, it can be tempting to save every text, email, photograph, social media post, and document you can find.
More evidence is not necessarily better.
What matters is collecting relevant, reliable information that helps establish what actually happened. Organizing that information before you need it can make it much easier for your attorney to evaluate your situation and determine what may be useful in court.
Start With the Facts That Matter
Before collecting anything, think about the issue you are trying to prove.
Are you concerned about missed time-sharing? A parent’s ability to care for a child? Communication problems? Financial issues? A change in circumstances?
Once you know the issue, collect information that directly relates to it.
For example, if the dispute involves repeated missed exchanges, a dated record of scheduled exchanges, what actually occurred, and communications between the parents may be more useful than dozens of unrelated messages.
Gather Original Evidence
Your record and version of things is important, but the original copies of emails, text messages, photographs, etc., carry even more weight.
When it comes to evidence, you should never edit or change anything. Keep the original information, including dates, times, sender information, and surrounding conversation.
Give Evidence Context
Suppose you have a text message showing your child’s other parent canceled an exchange. Save the surrounding messages too. If there was a conversation before or after the cancellation that explains what happened, preserve that information.
Context can help distinguish a repeated pattern from an isolated incident and can make it easier for an attorney to evaluate the significance of what you have collected.
Keep a Chronology
A simple timeline can be one of the most useful organizational tools in a family law case.
Record important events chronologically. Keep track of missed exchanges, disagreements, school concerns, financial events, communications, appointments, or other developments relevant to the dispute, and include dates of the occurrences.
Instead of writing, “He deliberately kept our child from me,” write, “June 12: Scheduled pickup at 5 pm. Child was not available. Text from other parent at 4:42 pm stated that my child would not be released.”
The second version gives an attorney something concrete to evaluate.
Use Caution on Social Media
Anything you say on social media can be used as evidence. The same is true for your child’s other parent. However, you should never do anything unethical to collect potentially damaging information or trick anyone to build your case.
Save information that is legitimately available to you and preserve the original context. If you aren’t sure whether or not gathering social media information is OK, speak to your attorney.
Don’t Secretly Record Conversations Without Legal Advice
Recording a conversation may seem like an easy way to document what happened, but Florida has specific laws governing the interception of wire, oral, and electronic communications. Unauthorized interception can create legal problems of its own, and Florida law can also restrict the use of unlawfully intercepted communications as evidence.
Before recording a private conversation, get legal advice about whether the proposed recording is lawful under the circumstances.
Evidence Still Has to Be Admissible
Something can be real and still not be admissible in court.
Florida’s evidence rules address issues including authentication, hearsay, originals and duplicates, and other requirements affecting whether information can be considered. For example, Florida’s general rule is that hearsay is inadmissible unless an applicable exception or other statutory provision applies.
That is why it is important not to assume that a large collection of screenshots or statements automatically proves your case.
Your attorney can help determine which information may actually be useful and how it may need to be presented.
Organization Can Make a Difficult Case Easier
Evidence collection is not about building the biggest possible file. It is about creating a clear, organized record of the facts that matter.
Keep original records, preserve context, create a timeline, and avoid trying to manufacture evidence or obtain information improperly. Most importantly, have an attorney review what you have collected before assuming that a particular document, message, photograph, or recording will help your case.
Family law issues are some of the most challenging you can deal with. If you’ve found yourself in a dispute and you need guidance, we can help. Contact the Law Offices of Robert M. Geller to schedule a consultation.
