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To successfully use a text message as evidence, it must meet three criteria: it must be authenticated, relevant, and not subject to hearsay. A text from a party opponent, like a parent, is not hearsay. If a client, such as a father, receives a text or email from the mother, this can serve as an admission by the opposing party. The relevance of the text is generally assumed. Authentication can be achieved through various means, with the simplest being contextual support from a witness—like the father testifying about discussions over their child's academic concerns that included specific date references for the messages exchanged.
