Can I use text messages in a US family court case?
Last reviewed 1 November 2026
They can be used, but the court decides. US courts generally want proof that a message is what you say it is, called authentication. Each state words its rule differently, and family courts add local rules on top.
Print the thread with dates and names, keep the phone, and check your own court's instructions.
What is authentication?
It means showing the judge a message is genuine: who sent it, and when. The usual bar is low. You need enough evidence for a judge to find the item is what you claim.
The other side can still argue about it.
What do four states say?
General wording only. Rules change and courts add their own, so read the source.
| State | What its own source says | Source |
|---|---|---|
| California | Evidence Code 1401 requires authentication before a writing is received. Section 1400 defines it as evidence sufficient to sustain a finding the writing is what you say it is. | Judicial Council handout |
| Florida | Statute 90.901 makes authentication a condition of admissibility, met by evidence sufficient to support a finding the item is what you say it is. | Florida Senate |
| Illinois | Rule 901(a) uses the same test. Rule 901(b)(4) lists distinctive characteristics, including those that apply to the source of an electronic communication. | Illinois Courts |
| Washington | ER 901(a) uses the same test. ER 901(b)(4) lists appearance, contents and other distinctive characteristics, with the circumstances. | Washington Courts |
Your state is not here? Search its court website for "rules of evidence" and rule 901 or its equivalent. These sources were read on 31 October 2026. California's handout dates from 2015, so check the current code.
How do I prepare a clean copy?
- Export the full thread, not a few cropped screenshots. For WhatsApp, see export a WhatsApp chat.
- Keep the original phone and the original thread. Do not delete anything.
- Put every message in date order with sender and time showing. Make a pack does this and numbers each message.
- Run the export checker or check a pack for gaps and date-order problems.
- Follow your court's rules on copies and filing. See the printing guide.
Questions people ask
Will the judge accept my texts?
Nobody can promise that. Read are text messages admissible in court? for the general picture.
Is there a bundle guide?
Yes: the family court bundle guide.
General information only, not legal advice. VaultXT is not a law firm and can't promise any court will accept a document. Ask a lawyer or your court's self-help centre about your case.