Say your ex’s phone number sent a message that reads, “I’m taking the kids and you’re never seeing them again.” You have a screenshot. When it comes up, your ex says, “I never sent that. It’s fake.”
A few years ago, that would have sounded like an excuse. Now AI tools can produce convincing text threads, photos, audio, and video, so some judges and lawyers take the claim seriously. The same technology also lets people dismiss real evidence as fake. If you’re in a divorce or time-sharing dispute in Miami-Dade, Broward or the Keys, you may end up on either side of that argument.
Why do texts matter so much in a Florida divorce or custody case?
Messages often show what’s really going on between two people. In family law cases they can be relevant to:
- Time-sharing and parenting plan violations
- Threats or harassment
- Hidden assets or unusual spending
- Statements about the children
- Efforts to interfere with the other parent’s relationship with a child
Emails, social media posts, photos, location data and app messages can matter too. But before a screenshot helps your case, the court has to be satisfied that it’s genuine.
Read here to learn about The Impact of Social Media & Digital Evidence Under Florida’s New Family Law Rules
How does a court decide whether a text message is real?
Under Florida’s Evidence Code, section 90.901, evidence must be authenticated before it’s admitted. In plain terms, the person offering it must present enough evidence for a judge to find it is what they say it is.
With a disputed text, the question goes beyond what the message says. The court may need to decide who sent it and whether the screenshot accurately reflects the original conversation. Judges look at the whole picture: the rest of the thread, account records, the phone itself, the recipient’s testimony, and details in the message that point to a particular sender, such as nicknames, shared history, or things only the two of them would know.
Is a screenshot enough?
Usually it’s a starting point, not the whole answer. A screenshot is easy to crop, edit or fabricate, and it shows only what the person who took it chose to capture. If you’re looking at one, ask whether it left out part of the conversation, whether the dates and times are accurate, whether the original thread still exists, and whether other evidence backs it up.
These questions existed before AI. AI makes them harder to answer by eye.
Does saying “that’s AI” make the evidence go away?
No. Calling a text, voicemail or photo fake doesn’t remove it from the case. A judge can weigh the claim against everything else: other messages, testimony, phone and carrier records, original files, and the surrounding circumstances. AI can complicate authentication, but it doesn’t make digital evidence worthless.
How should you preserve digital evidence?
If a message matters to your case, keep more than the screenshot. Where you can, save the full text thread, the original email, the original photo or video file, voicemails, app messages, and the dates and times attached to them. Keep the device the message arrived on, and don’t delete the original after you take a screenshot.
If you think your ex has fabricated something, tell your attorney instead of trying to prove it yourself. Depending on what’s at stake, the next step might be carrier or account records, formal discovery requests, or a digital forensic examiner.
If you’re still getting ready to file, our checklist of 10 things to do before you tell your spouse covers what records to gather first. “Thinking About Divorce in Florida? 10 Things to Do Before You Tell Your Spouse”
What about the texts you send?
Divorce and custody cases are stressful, and a message sent in anger can become an exhibit months later. Before you hit send, ask whether you’d be comfortable with a judge reading it. Don’t threaten, insult or try to provoke the other parent, and keep the children out of it. Deleting a message doesn’t mean it can’t come back.
And be careful what you post on Social Media.
Is AI-fabricated evidence really showing up in Florida courts?
It’s being reported. A Florida woman has said her ex-boyfriend submitted a fabricated, AI-generated text that led to her arrest for violating a no-contact order, and that the charge was later dropped. He denies creating the text. The case involved a criminal matter, not a family court dispute, but it shows why courts are paying attention. The Florida Bar has also reported that its committees are reviewing proposed standards for machine-generated evidence.
The technology keeps changing. The question in front of the judge hasn’t: can this evidence be trusted?
Talk to a Florida family law attorney about digital evidence
Hoffman, Larin & Agnetti has represented individuals and families across South Florida in divorce, time-sharing and complex family law matters for more than 40 years. If your case involves disputed texts, screenshots, social media or other digital evidence, preserve the originals and speak with an attorney before you delete, edit or respond to anything.
Call us at 305-653-5555. IText us at 305-653-5555 Email us at [email protected]
or fill out the form at the top of this page and one of our experienced Family Law attorneys will call you.
Frequently Asked Questions
Can my ex really say a text is fake and have it thrown out?
A denial alone doesn’t keep evidence out. The judge considers the denial along with other proof of who sent the message and whether it’s accurate.
Can I use screenshots in my Florida divorce or custody case?
Yes, but a screenshot may need support. Keep the original messages and the device, and talk to your attorney about how to present them.
What should I do if I think my ex faked a text?
Don’t confront your ex or try to investigate on your own. Preserve what you have and tell your attorney, who can advise on records requests or forensic review.
Should I delete angry texts I’ve already sent?
No. Deleting messages during a case can create bigger problems and often doesn’t work anyway. Talk to your attorney first.
Is AI evidence a problem in family law cases specifically?
It’s a growing concern in courts generally. In family law, the practical issue is proving or challenging whether a message, image or recording is genuine.
This article provides general information and is not legal advice. Whether evidence is admitted, and how much weight it gets, depends on the facts of each case.
