In the state of california can text messages or phone call logs be used as evidence in a custody battle ?

Question

In the state of california can text messages or phone call logs be used as evidence in a custody battle ?

Answer

Almost anything that was legally obtained and that is relevant to the point being argued can be presented to the court; taped telephone conversations where the other side did not know they were being taped can not be used. Phone call logs are often used to show when a call was made if at all. But you need to be able to show that the records are accurate [often requires an employee of the company producing the log to testify to that or the person receiving the call to testify as to its nature, but as to the later the testimony of the person is the best evidence and the written document is normally used to either refresh memory of to cross-examine the other party].