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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 04-12-2013, 01:38 PM
Chris2008 Chris2008 is offline
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Default Use of private facebook messages (possible drug use)

I am going to go to court for custody.
I will consult with my lawyer but maybe you guys can speak about the strategic ramifications or even legal if you have the experience in this.
My ex has been acting unstable lately and a week ago, she had went to my house without me knowing (we havenít lived together for the past year). She got in because I left my back door open. Anyways, she had used my computer and had left her facebook open.
The question is can I use her private messages as there is some very incriminating stuff aka drug use? Itís one thing if I went to her house itís another thing that she went to my house and left her facebook open.
I understand you can use facebook as evidence but those pertain to public postings.

A bigger question is even if i could legally, is it strategically wise to use someone's private messaging against them.
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Old 04-12-2013, 01:52 PM
mom2three mom2three is offline
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Quote:
Originally Posted by iceberg View Post
LOL

I don't know if anyone will buy that she would sneak into your house to use your computer
I think that is a perfectly reasonable expectation. It does make me wonder though why the computer is not password protected? I won't say anything about the door - I live in a small town and no one here locks house doors, cars etc. If I run out of milk, the neighbours house is closer than the grocery store so I have been known to head there even when she isn't home!

I have no idea how to respond to the OP's post though. Perhaps Orleans Lawyer will chime in on that one. Good luck!
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Old 04-12-2013, 01:55 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by iceberg View Post
LOL

I don't know if anyone will buy that she would sneak into your house to use your computer
gotta agree with you, seems that would be questionable.
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Old 04-12-2013, 03:13 PM
DowntroddenDad DowntroddenDad is offline
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I think it could backfire. Its an invasion of privacy or someone could accuse you of hacking her FB and planting it there.
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Old 04-12-2013, 03:42 PM
Chris2008 Chris2008 is offline
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thanks guys...that's what i was thinking too. Well, in terms of having proof. She had emailed me at work that her phone got disconnected and i said well how ar eyou emailing me and replied that she was my house and needed to use my internet. So I have all this correspondence from my work to her.

So if you really want to get technical in terms of proof, I can prove the email headers from her email came from my computer IP address at home. So unless I am at work and at home at the same time, it's pretty elaborate setup.
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Old 04-12-2013, 03:46 PM
DowntroddenDad DowntroddenDad is offline
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I think we both know how easy that is to do, I can think of a couple of ways to do it without breaking a sweat.
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Old 04-12-2013, 04:25 PM
Chris2008 Chris2008 is offline
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True, I thought bout that, yeah I could remote desktop from my box at home and send to my work.

I wouldn't stoop to planting when she shoots herself in the foot with many other things as well and the mere fact it's dishonest. My main concern here is our son being around that environment. Who does that shit..go on a bender with a 2 year old around??? You need to get your act together then, then focus on your son.

And it seems at this point the only people she will listen to is the law/courts.
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Old 04-12-2013, 04:42 PM
DowntroddenDad DowntroddenDad is offline
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Quote:
Originally Posted by Chris2008 View Post
True, I thought bout that, yeah I could remote desktop from my box at home and send to my work.

I wouldn't stoop to planting when she shoots herself in the foot with many other things as well and the mere fact it's dishonest. My main concern here is our son being around that environment. Who does that shit..go on a bender with a 2 year old around??? You need to get your act together then, then focus on your son.

And it seems at this point the only people she will listen to is the law/courts.
I don't blame you for being upset, but its a matter of what you can prove versus what you know.
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Old 04-12-2013, 06:22 PM
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arabian arabian is online now
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Don't leave your "back door open" - wow good thing you're not in jail LOL

Tighten up the security around your place. You may think you have the goods on her but, speaking as a fairly resourceful individual, she probably has the same or more on you.

The information you gleaned was not a result of an email communication between the two of you. You would have a hard time explaining yourself on how you obtained the information.
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Old 04-12-2013, 07:48 PM
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Rioe Rioe is offline
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Forget the crap about how he got into her Facebook account. The important thing is that what he found out there is that his ex is doing drugs around their child! How can he deal with this important safety issue when he found out about it under such questionable circumstances? Just because questions would be raised in court doesn't mean he should ignore the fact that his ex is endangering the child.
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