My ex wife currently has custody of my son according to our TPA. We will be going back to court in the next several months and I will be trying to get custody of my son because my ex is not actually spending any time with my son at all. She is living with her parents and the only time she spends with our two year old is when she takes him to school in the morning. She gets home after he has gone to bed and the days that she is off work she goes out partying with her friends and her new boyfriend. She has taken several trips without my son over the past several months and would not allow him to stay with me but insisted he stay with her parents instead. Also, according to the TPA we were ordered to consume NO alcohol while he is with us and she is going out 4-5 nights a week to drink with her friends. Until recently I haven’t had very much proof of all that she has been doing and how little time she spends with him except for some things she has posted on facebook. However, I gained access to her email account and there are countless emails about all the partying, dinner dates and late nights that she has had and not spent any time with out son. I simply guessed and got her password right, but I’m not sure if it’s considered “hacking”. Can I print these emails for proof of her party life? Is it against the law for me to be looking through her emails like this?
I’m just not sure where to go from here since this will be the best possible proof of all she has been doing when we go to court for permanent custody.

I think that you accessing her email is illegal therefore the emails you find would not be admissible in court. Alternately she may be able to sue you for breaking into her email account (regardless of whether you guessed her password or not). If you want evidence, you should hire a PI.

You cannot use the emails as they were not obtained legally. The facebook entries however are fair game.

I had that done to me, my password was know but once I left it was accessed illegally. After that my facebook and email password was guessed and accessed again.

I was given the option by my local police department to press several diffrent charges including cyberstalking. I would be very careful what and how you access things. If a social site is private and you create a fake account and do a friends request to access the information, my attorney said that what you gain access to is unusable it is also fraud and again cyberstalking. I also had that done to me and my proof was legally obtained by request from the social site and email account administrators. They sent my attorney the IP address that accessed my accounts and also sent the proof of what profiles were his under his IP address. When my attorney and I accessed my accounts and went over my friends list, the fake account was there and was supposed to be someone I went to school with. It also showed how many times his IP searched and pulled up my pages.

These sites archive everything and it is done to provide information to law enforcement when it is asked for. Even a site such as club penguin for kids can tell you the IP address that has accessed an account or what IP address belongs to a certain account or accounts. Once you do it, your cyber tracks are left, it’s like having a paper trail without the paper.

I did not press charges due to him being my child’s father and although I now do not trust a request or people that are not already in my friends lists, I chose to instead have my attorney keep the information to show a Judge what lengths his obsession will go to. Even though he’s moved on and dating online.

Per my attorney; Public pages are fair game, text messages, emails she has sent you is fair game, Her friends pages and text messages from an informant could possibly fall under the hearsay rule unless they are in court. Dating sites that are public are fair game, anything that can be seen publicly is fair game. Anything you get by fraud or breaking into accounts no matter if you guess like the attorney above said is illegal and can’t be used and frankly you’re opening yourself up for problems if you admit to doing it.