Not long ago, most written communication happened in one place: through text messages. Phone numbers could be objectively confirmed to belong to specific people and if something was said, it was likely in an accessible SMS thread that could easily be saved, printed, and produced in Court.
Today, that world is gone.
Communication can now happen across dozens of platforms whether its basic text messages, direct messages, disappearing chats, comments on social media posts, shared videos, gaming chats, and more. What feels casual and fleeting in the moment can become a permanent and powerful piece of evidence in a family law case – if you know where to look.
For many people, especially with the younger generations, texting is no longer the primary way to communicate. There are so many different apps from Instagram, TikTok, Snapchat, Facebook, WhatsApp, Discord, etc. that are used for communication. Each app feels different. Some promise disappearing messages while others are just quick comments, a reaction, or a short video post.
But regardless of the medium, when it comes to a family law case, there is no such thing as “just” a message.
In Family Law, Everything is Potential Evidence
In proceedings involving divorce, custody, support, etc., communications between parties often become central to the case. These communications can be key in determining issues like parental fitness, substance abuse, violations of Court orders, and anything in between.
Here are some ways social media evidence has been introduced in family court cases:
- A heated comment left on an Instagram post;
- A private message sent through Facebook Messenger;
- An inappropriate TikTok video recorded during parenting time;
- An emoji reaction on a Facebook post;
- The audio in the background of a video;
- Geolocation tags; and,
- Subpoenaed “disappearing” Snapchat messages.
Many people assume that if a message disappears either from the feed or on platforms like Snapchat, that it is gone forever. That is often not true. Recipients can take screenshots. Metadata may exist. Cloud backups may store content. Social Media companies may be subpoenaed. And, once litigation begins, parties have a legal duty to preserve relevant communications – across all platforms.
The More Apps You Use, the More Risk You Create
The expansion of communication platforms has dramatically increased the volume of potential evidence to be used in family court proceedings. Every additional platform is another source of discoverable material. Even casual or joking remarks can be taken out of context and presented in court.
In family law, the context does matter, but so does documentation. Judges see what is preserved and produced, not what you meant in the moment. This is especially true because the tone of a message is lost through text. And sometimes, it does not matter what you meant in the moment if the other party interprets the message in a different, more negative, manner.
A Word to Clients: Assume it Could be Read in Court
If you are involved in a custody or divorce matter, a good rule of thumb is simple:
If you would not want a judge to read it or watch it, don’t post it, send it, or record it.
Before you post a rant about your co-parent or send an angry message, think about the consequences. Modern communication may feel private. In litigation, it rarely is.
A Word to Attorneys: Look Beyond Text Messages
For practitioners of family law, it is no longer sufficient to request “text messages” in discovery and stop there. There is a whole world of social media out there where people do not consider their communications to be “texting.”
If you are not asking about these platforms from your clients or from discovery requests to the opposing party, you may be missing critical evidence that can make or break your case. You might even run into other legal issues if the lack of inclusion of these social media sites leads to your client failing to preserve evidence.
Intake procedures and discovery requests should reflect the reality of how people actually communicate in 2026, not how they communicated in 2006.
Conclusion
Technology evolves faster than the law and courts are constantly having to adapt to include new forms of digital evidence. The shift from simple texting to multi-platform communication has drastically expanded what may become relevant in family law disputes.
Whether you are a client or an attorney, the takeaway is the same:
Every app is a potential exhibit.
Being mindful of that reality can prevent avoidable damage and ensure that your case is built on a full and accurate understanding of the modern digital landscape.
