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Can the Judge See the Other Parent’s Screenshots of Social Media Posts and Text Messages in Your Orlando, Florida Marital and Family Law Case? 

Your child’s other parent has sent you screenshots that show the verbal abuse and uncooperative behavior that they exhibit in your dealings with them. Can you introduce those screenshots of social media posts by the other parent into evidence as part of your Orlando, Florida marital and family law case? Can you use the screenshots of social media posts and text messages in your case to show that the other parent does not cooperate with you regarding co parenting and time sharing? 

How Florida Courts Decide

How does the court decide whether the screenshots of the text messages and social media posts are admissible? Section 90.901, Florida Statutes (2019) requires authentication “sufficient to support a finding that the matter in question is what the proponent claims.” Because “the ultimate determination of the authenticity of the evidence is a question for the fact-finder,” the Supreme Court has indicated that authentication for the purpose of admission is a relatively low threshold that only requires a prima facie showing that the proffered evidence is authentic. 

An Evolving Field

While neither the Second District Court of Appeal of Florida nor the Supreme Court of Florida have ruled on the proper authentication of Facebook messages, “communications” generally can be “authenticated by appearance, content, substance, internal patterns, and other distinctive characteristics taken in conjunction with the circumstances.” The case law regarding authentication of electronic communications is evolving.

Previous Florida Cases

The Fourth District Court of Appeals of Florida ruled the contents and distinctive characteristics of messages, “taken in conjunction with the circumstances,” were sufficient to authenticate a screenshot of Kik social media messages between a victim and defendant. In concluding that the State made a prima facie case for authentication, the court noted the defendant and victim had an “extensive history of texting over Kik, and the defendant’s nickname was listed on the screenshots of the messages and the parties referenced facts known only to the defendant and the victim” (a gift the defendant gave the victim and a place where the defendant sexually abused the victim) in messages. 

In a Second District Court of Appeals of Florida case, the Court rejected that messages could have been altered since they were not retrieved by a cell phone extraction or a subpoena to Facebook. The Court pointed out that the Fourth District Court of Appeals rejected these same contentions, explaining that “any argument that the victim fabricated the message will go to the weight of the evidence, not its admissibility.” 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.