Family Law · 2026-05-08

A National Trend Hits Colorado Courtrooms: Texts, Location Data, and Social Media in Family Cases

What you post — and what your phone records — increasingly decides custody and support disputes. Colorado is no exception.

Charles E. Liken Jr., Esq. — On Colorado's Legal Front Lines Since 1995 · Government Investigator, Denver Human Services (1997–2003) · Licensed Colorado Attorney Since 2003 ~ 20+ Years in Private Practice · Colorado Deputy District Attorney (2018–2020) · Colorado Court-Appointed Child and Family Investigator

Across the country, family-court fights are being decided on digital evidence: text messages, social-media posts, shared-location histories, and the metadata behind them. Colorado courts are squarely part of the trend, and Colorado's mandatory financial-disclosure rules (C.R.C.P. 16.2) mean a lot of that data is discoverable.

The lesson runs both ways. What you post can become an exhibit — a vacation photo undercutting a claim of poverty, an angry message reframed as a threat. And what the other side posts can be the evidence that wins your case, if it's preserved correctly before it disappears.

An investigator's habit — get the records, all of them, and get them before they're gone — matters more every year. If your case might turn on digital evidence, the time to think about preservation is now, not after a hearing is set. A consultation is a good place to start.

This article is general information about Colorado law, not legal advice, and is current as of 2026-05-08. Laws change — confirm how it applies to you.

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