Can I use my ex’s personal emails in a child custody case?

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Can I use my ex’s personal emails in a child custody case?

I set the account up years ago, and had the password. He is doing illegal activity, which I can prove with his emails.

Asked on November 23, 2012 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would need to contact your attorney in Michigan for a complete understanding of the laws in your state. Whether or not you can admit this email in court depends upon a number of factors. You will need to verify its authenticity and that it was in fact your ex writing or responding to the email. Generally speaking, e-mails are considered what is known as "heresay" and are inadmissible unless they fall under an exception to the heresay rule.  Get help.  Good luck.


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