When I first began my career as a divorce and family lawyer in 1996 in my hometown of East Brunswick, New Jersey, I quickly understood that the credibility of my client in the eyes of a judge of the Family Part of the Superior Court of New Jersey was essential. To that end, as we have all watched the technology explosion dramatically change the way we live our day-to-day lives, both attorneys and judges alike now have a flood of hard evidence right there on everyone’s smartphones and the like.
In fact, a vast majority of evidence entered into family law trials in the state of New Jersey are either text messages or Facebook posts. In a recent case, the mother of a child moved for sole custody alleging the child would be in danger if left alone with the father. However, hard evidence demonstrated that the mother repeatedly text the father, on the very same weekend that she was drafting her ex parte Order to Show Cause, repeatedly asking him to watch their child. Needless to say, this parent’s credibility was shattered and her request for sole custody was denied. Following please find a detailed analysis of this case that is a great example of credibility being king in a courtroom.