will myspace messaging hold up in court i fit contains evidence of alcohol abuse?

Question

my kids father is taking me for primary custody of our son and he says he has evidence that i instant messaged people saying i got drunk and passed out on the floor can it hold up in court

Answer 1

How can YOU instant message someone if you are drunk and PASSED OUT on the floor? That's impossible.

To make this evidence stand up in court, he will have to prove it was YOU who sent that message or if someone else sent that message, it was referring to YOU.

The ID used for AIM is not a good indicator because someone can steal your ID and password, and possibly masquerade as you. IP address is only an indicator that with cooperation of the ISP, it can tie a certain household to the message. BUT none of these will prove who sent the message or if it was actually true. Both of those tests raise the probability that who it may have come from.

You can certainly challenge them.

Keep in mind though, in civil court, one does not need to prove without a reasonable doubt. They only need to prove, with preponderance of evidence. (meaning more than likely than not)

Answer 2

If he in fact has such evidence you are screwed.