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Family

Mar. 11, 2026

Your client's worst witness: How smartphones can undermine custody and divorce cases

See more on Your client's worst witness: How smartphones can undermine custody and divorce cases

Digital evidence can be powerful in custody, support and domestic violence cases--but only when attorneys navigate the privacy pitfalls that come with it.

Noel E. Guth

Attorney
Guth & Changaris

Email: noel@attorneyguth.com

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Your client's worst witness: How smartphones can undermine custody and divorce cases

Every family law practitioner has experienced the moment: a client arrives triumphantly with screenshots they are certain will win the case. The spouse's angry text messages. The co-parent's Instagram photos from an expensive vacation claimed during a support modification hearing. The dating app profile discovered while the divorce was pending. Before celebrating, experienced counsel asks the question that often deflates the room: "How did you obtain this?"

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