My ex and I are in a custody battle and it is very stressful. My ex has been hanging around some pretty shady people. He was hanging out with a person that sells and uses drugs(I have proof of the situations), one that videos people snorking drugs while he's there and recently one of his friends threatened my life in a text which I have saying they wanted to kill me and might need to be bailed out of jail. I don't find this funny I'm scared for mine and my child's safety. Then my ex trashed me on social media saying I tried to hurt him with the vehicle while our child was with me, which is completely false. It was also stated on social media that I'm crazy and put our child in danger. This is so far fetched, I do everything for our child,she's the reason I breath and smile everyday.
What exactly does the text message say? Please provide some details. Is the text from him to you? Is he threatening anything? In any event if you are concerned about safety for you and your child, you need to go to court and request an Order of Protection for both you and your child. You should consult an experienced lawyer regarding these issues.
Yes, test messages and emails are used all the time in court if they can be authenticated as coming from the other party (you may need phone company records in addition to screenshots or print outs which can be spoofed). If the texts are relevant to the terms of San order, or deal with conditions concerning child eelfare, anuse, neglect, dimestic violence or adherence to the terms of a prior order they can be admitted or used for cross-examination.
In New York State, certain kinds of harassing telephone or text conversations can be a crime (aggravated harassment in the second degree, a misdemeanor) and subject the sender to arrest and/or an order of protection. If someone is asked to stop communicating in an abusive manner and they do not, this is harassment.
Take screenshots or print outs of the possibly offending communications and show to your attorney.
It amazes me that people will produce this kind of easily admissible incriminating evidence in text messages, emails and on social media which casts them in a bad light. Twenty years ago, this would have likely been debatable "he said, she said" and hard to prove without creditible neutral third party witnesses. Now people typically hit send and think later. I'd say a good 40% of my family law clients come in with juicy text messages the other party sent them which establish they aren't exaggerating when they claim the other party is acting like a jerk.
