Why this comes up
Divorce makes parents hyper-vigilant. A child’s smartphone can feel like the master key to what’s really happening—messages with the other parent, photos, social media, location history. In Utah divorces, though, how you access and use that information has real legal and relational consequences.
Utah parental authority vs. a child’s privacy rights
Utah law recognizes that parents control and supervise minor children. That includes setting rules for devices you own or provide. But there’s a difference between reasonable oversight and intrusive surveillance. Even if lawful, routine deep dives through a child’s private messages can signal poor boundaries, controlling behavior, or a lack of respect for the child’s developing autonomy. Judges notice. When custody is contested, that kind of behavior can cut against you because it suggests you may put your anxieties ahead of the child’s needs.
Using phone/device content as evidence
Phone content can be relevant in custody disputes (Utah R. Evid. 401–402). But relevance isn’t enough.
Rule 403 (prejudice/confusion). Judges may exclude screenshots or chat dumps if they are more inflammatory than helpful, confusing, or cumulative. A 200-page text thread won’t impress anyone.
Rule 901 (authentication). You must show the thing is what you claim it is. “Here’s a screenshot from Taylor’s phone” is weak. Better: device identifiers, export logs, metadata, testimony from someone with firsthand knowledge, or a neutral examiner who collected the data.
Hearsay (Rules 801–802). What a child wrote or received is not automatically admissible for its truth. Some items may come in for non-hearsay purposes (effect on the listener, notice) or fall within exceptions (e.g., present-sense impression), but many do not. Expect objections.
Context and completeness. Selective snippets invite Rule 106/completeness challenges and credibility problems.
Duplicates/originals. Printouts and screenshots can be used, but courts will weigh reliability and chain-of-custody. Sloppy capture undermines weight and sometimes admissibility.
Phone content is not the “key” to “winning” a dispute, as many parents (whether that parent is sincere or malicious) believe.
Custody and psychological fallout
Utah Code § 81-9-204(3)–(4) focuses the court on each parent’s ability to place the child’s needs first, support the child’s relationship with the other parent, and exercise sound judgment. Over-monitoring or prying into private communications can be read as:
- Boundary violations and controlling behavior;
- Undermining trust and damaging the parent-child bond; or
- Alienating conduct that stokes conflict and anxiety.
Real experts—and plenty of self-styled ones—will frame routine snooping as harmful to the child’s emotional security. You may think you’re protecting the child; the court may conclude you’re feeding the conflict.
Practical guidance
Can vs. should. You may have the right to look, and you may have the right to present the evidence to the court, but that doesn’t necessarily make it right.
Preserve, don’t pry. If content might matter, preserve the status quo (turn off auto-delete, avoid app resets).
Alternatives to the device contents. Maintain open, age-appropriate communication with your child. Ask for their perspective. You often get better, cleaner information—without the evidentiary mess.
Use authorities when appropriate. If you suspect crime or imminent harm, involve law enforcement or child-protection authorities. That record is more persuasive than a parent-generated screenshot.
Model wise parenting. Courts reward parents who set reasonable device rules (bedtime charging, screen-time limits, app transparency) without weaponizing the phone during the case.
Utah parents technically may go through their children’s phones or tablets. During a divorce, doing so often creates more problems than it solves—custody optics, child trust, and admissibility hurdles. If device content truly matters, use a measured, court-sanctioned approach that targets what’s relevant and protects the child’s privacy. That approach carries far more weight than reckless snooping and flaunting (or worse) ever will.
This post is general information, not legal advice. Talk with counsel about your specific facts.
Utah Family Law, LC | divorceutah.com | 801-466-9277