713-333-4430AI, Deepfakes, and Digital Evidence in Divorce and Custody: What Texas’s New AI Governance Law Means for Families
Artificial intelligence has exploded in popularity and ability in recent years, and unfortunately, legal systems have had a hard time keeping up with this growth. In family law, digital evidence often plays a critical role in the court’s decisions—but what happens if the evidence may or may not be real? AI makes it all too easy to create very convincing fake content, like altered videos, cloned voices, and fake message threads. Texas has started to address this in legislation, and speaking to a divorce attorney in Houston can help you better understand what this means for your family law case.
When you’re facing family law concerns, having a divorce lawyer who keeps up with legal and technological changes that may affect your case can make a significant difference. Attorney Kevin Hunter advocates tirelessly for his clients, and throughout the course of his legal career, he’s learned how to handle some of the most challenging family law matters. Whatever you may be facing in your divorce, our divorce law firm is here to support and guide you. Call us at 713-333-4430 to set up a consultation.
What Counts as AI-Generated or Synthetic Evidence
AI-generated evidence is also referred to as synthetic evidence. This term is used to refer to content that has been created entirely with artificial intelligence tools and content that has been significantly altered with the same technology. An example of evidence that is completely made with artificial intelligence is a deepfake video that uses a person’s likeness and voice to create a fake video of them threatening to harm their children. The incident in question never happened and was completely created by AI. Evidence that is significantly altered by AI may include message threads that are edited by AI to add messages that never actually existed.
Because this evidence is now so convincing, it’s harder than ever for people to distinguish real evidence from manipulated media.
Texas’s New AI Governance Law
Recent legislation in Texas focuses on transparency and accountability when it comes to artificial intelligence. HB 149 aims to highlight concerns about artificial intelligence and encourage transparency about its use.
Note that this law does not rewrite family court procedures; it simply indicates that there are situations in which AI must be used cautiously, in which it must be disclosed, and in which it cannot be used at all. For example, deepfake sexual content and encouragement of self-harm are always illegal.
In family law, this specifically flags the potential for AI to complicate legal matters. Deepfakes, cloned voices, and manipulated media can influence the outcome of court cases despite being completely falsified.
This hints at a future where authentication of evidence will likely become increasingly important. Custody and divorce cases often rely heavily on digital evidence—videos, phone call recordings, text messages, and social media posts—and not being able to tell whether or not that evidence is even real can make it hard for either side’s divorce attorney to prove their case.
How AI Can Complicate Divorce and Custody Cases
AI makes it all too easy for either spouse to create shocking evidence that wrecks their co-parent’s chances of getting shared or full custody. This is especially true when one spouse is familiar with AI’s capabilities and the other has no idea how to use AI or how to look for signs of falsified evidence. Someone could create a deepfake video of their spouse beating their child, a voicemail admitting to infidelity, or a sexual deepfake video that they use to coerce the other party into agreeing with their proposed divorce terms.
Can AI Evidence Be Used in Court?
Texas courts must authenticate evidence before it can be admitted. The onus is on the party presenting the evidence to prove that it is what they claim it is. AI makes this much harder—proving that something isn’t altered may become increasingly difficult as time passes. If a judge cannot verify the authenticity of specific pieces of evidence, they may require additional proof, limit the use of the evidence, or exclude it completely. This can be devastating if one person’s case relies heavily on evidence that is easily falsified.
Discuss Your Concerns With Our Texas Divorce Lawyers
When you work with our Texas divorce law firm, know that we will be prepared for whatever challenges your case may face—including those caused by AI. Schedule your consultation now by contacting us online or calling us at 713-333-4430.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
