Private Investigators Buy Peace of Mind in Child Custody Cases

Private Investigators Buy Peace of Mind in Child Custody Cases

78289099Divorce and child custody are polarizing topics in the United States. Divorce itself is an ugly business. Two people who stood in front of their friends and families and promised themselves to another now find themselves in a situation where the life they built together is over. Often it is a storm of heightened emotions, personal crises, mediation, negotiation, carping, and resentment. For many, children sit in the eye of the storm, helplessly witnessing the destruction of their family unit around them. As if this were not tumultuous enough, children often become silent pawns between two parents or caregivers who seek to hurt one another. When developing a strategy for navigating a custody situation, caregivers often do not consider the possibility of hiring a private investigator to help build a credible case for sole or partial custody.

Many couples who are on the brink of divorce, or already treading in the harsh current of proceedings, default to the advice of lawyers, the court system, and child services when it comes to issues of custody. There is a myriad of reasons for this, including a parent’s financial means, work schedule, health issues, and ignorance. What’s problematic about leaving issues of custody in the hands of lawyers and the courts is families in turmoil become files in a drawer. The decisions made on behalf of the legal system often rest on the review of a mountain of paperwork; courts relying on police reports, financial/asset summaries, psychological evaluations, et cetera. What’s on paper becomes the load bearing beam for any decision made regarding custody, because caregivers in conflict are both subject to scrutiny in their statements against the other.

Private investigators have a tool chest similar to that of law enforcement allowing them to document a subject’s movements, behavior, and treatment of their children—both prior to divorce proceedings and after. Members of law enforcement are often the most credible investigators in the eyes of the court. However, unless a criminal act is reported, such as domestic violence or child neglect, law enforcement has little to no involvement in custody cases. Parents without those tools at hand are left with little recourse. Any evidence they document themselves is subject to scrutiny by the courts and by opposing counsel as misrepresented, inaccurate, or downright false. In those cases, those parents trying to build a credible case against their co-parent or caregiver can be maligned as malicious by opposing counsel, and those details may prove to be to their detriment.

man with binoculars and camera control someone

The number one advantage of hiring a private investigator to document a questionable parent’s behavior is their ability to move through any environment undetected. Despite the fact a study determined there was an excess of 78,000 private investigators employed in the United States alone in 2017, you’ll never see a good one in the field. Private investigators are trained to blend into the crowd and surveil inconspicuously in order to ensure the subject does not modify their behavior for the benefit of being watched. In addition to hiding in plain sight, part of maintaining success in their profession means staying up to date on the best available surveillance technology on the market in order to gather evidence for their cases. Things like cameras disguised as ink pens, or drones with quiet motors that will not be easily detected. Parents are on their very best behavior when in mediation or appearing before a judge, but private investigators can completely upset the current state of a custody case with evidence they uncover in the field. They can document things like abuse and neglect through photographs, video, audio recordings, witness testimony, and the same examination of vital documents that would be performed by the courts. Their training has equipped them to be on the lookout for things like substance dependency, such as alcoholism, drug addiction, or gambling problems. They can also document the opposing caregiver’s living conditions, whether or not the child is clean and well-fed, and their emotional wellness while in the care of said person. What makes a private investigator a particularly valuable asset is they are an objective third-party. Even if they have in fact been paid by one party in a custody case, misrepresentation of facts on their part may mollify their client in the moment, but will ultimately hurt their integrity with future business. Due to this, private investigators can become unimpeachable witnesses to behavior they’ve seen on the part of the opposing side that would damage the child’s well-being.

Private investigators can take on child custody cases at many different levels, all of which can be beneficial to the parent who wishes to establish a case against another parent or caregiver who they perceive to have questionable integrity. As with any investigation, the sooner the process of documenting and gathering evidence starts, the stronger a foundation the parent will have when they present their case before a judge. Parents who are considering divorcing a co-parent or caregiver and intend to establish a pattern of unfitness should consult a private investigator right away. The subject is more likely to proceed as they would normally prior to news that their partner is taking them to court. While the subject may not suspect they are being legally surveilled during a divorce proceeding, they are aware of the fact that—at a minimum—their behavior and actions during that time will be taken under consideration by the courts. The time to start collecting evidence is before divorce papers are drawn up and served.

child custodyHowever, it’s no mystery circumstances may not allow for this. Events prompting divorce proceedings may be very sudden, allowing no time for a hyper-covert investigation on behalf of the client. Parents who are in abusive relationships may not have access to the financial resources for this kind of initiative. As such, many private investigators enter the case when divorce is already a reality and custody proceedings are in full swing. One of the major criticisms of the court system in custody cases is children are often defaulted to the custody of their mothers, leaving fit fathers or other caregivers with few options.  In one such example, an investigator from Indianapolis, IN was hired to investigate the parental fitness of a mother fighting her ex-husband and his parents for custody of their eight-year-old daughter. The child was shuttled back and forth between her mother and father’s respective homes for a few months while family court proceedings moved at a glacial pace. The father became increasingly concerned about his daughter while she was in her mother’s custody, and hired a private investigator to find answers. The investigator uncovered the mother’s place of residence on the record was dilapidated, dirty, and not at all a suitable environment for a child. Additionally, the investigator found the mother’s new husband had a criminal record, regularly used drugs, and had questionable judgement when it came to things like social media interaction and encounters with law enforcement. This led to the father retaining full custody of his daughter, with the mother being allowed only supervised visits. This investigative strategy is a two-way street, meaning that a parent who has been falsely accused of abuse or neglect in order to limit access to their child can hire a private investigator to disprove these claims, document the proper living conditions for the child in question, and secure evidence of malicious intent on behalf of the caregiver making false allegations.

Children should never be used as chess pawns in a messy divorce. Ultimately, any child custody investigation should be about the child’s safety and well-being—not about which parent is righteous in their indignation. A private investigator’s expertise, testimony, and lack of bias can shine a crisp, contextual light on the muddied waters of a child custody case.

How Private Investigators Can Help During your Custody Battle

How Private Investigators Can Help During your Custody Battle

Divorce is difficult. Even more so when children are involved. Figuring out custodial agreements is challenging and presents opportunities for disagreement that can span years. It’s important that parents understand all of the resources available to them and how private investigators can be valuable assets in the fight to protect their children and secure custody.

Is your child coming home with signs of abuse?

If you suspect your child is being abused, you need to begin documenting all of the evidence immediately. Bruises or marks, no matter how small or faint, must be photographed as soon as they are noticed. Photographic evidence is some of the strongest evidence you can produce.

It can be difficult to prove child abuse has taken place. Depending on the age of the child they may not be able to articulate exactly what happened. If the abuse was traumatic enough it could cause confusion when the child tries to explain what occured. The importance of adequately documenting potential abuse cannot be overstated.

Private investigators have the equipment and insight to properly record suspected instances of abuse. Dealing with the court system is a private investigator’s forte and they understand what the courts need to see and how it must be presented to prompt the courts to take action. When it comes to your child’s safety, you cannot afford to delay seeking help.

I’m concerned my ex is using drugs around our children.

Across America a heroin epidemic is breaking out. Drug abuse is impacting people of all social and economic backgrounds. Recently a picture circulated news and social media of two adults passed out from a heroin overdose in their SUV while a four-year-old boy sat helplessly in the back seat.

parent-overdose-2

The female in the passenger seat is the boy’s grandmother. She lost consciousness after shooting-up while her boyfriend drove. Upon being stopped by police for driving erratically, the boyfriend passed out too. The grandmother had only had custody of the boy for 5 weeks when this occurred.

No one knew the grandmother’s heroin abuse was so bad or she never would’ve been granted custody in the first place. But this raises the question of how anyone could have known her addiction was this in strong? What red flags were missed that could’ve kept this boy out of danger? Was this the first time the couple used drugs with the child present?

Private investigators are trained to pay attention to and take note of people’s abnormal behavior. Surveillance by a P.I. may have led to the discovery of the grandmother’s drug abuse before the child was put in this potentially fatal scenario.  Thankfully the police were able to intervene and get the boy to safety.

My ex isn’t spending their visitation time with our kids. What can I do?

When the courts determine visitation time they do so expecting the parents to spend that time with their child. This isn’t always the case though. Sometimes the parent will take the child for visitation time, but drop them off with a family member or baby sitter.

One parent passing their child off to someone else during visitation time not only deprives the child of time quality time, but it prevents the other parent from seeing their child as well. Depending on your state and custodial agreement, it’s possible it’s a violation of the law as well.

The Right of First Refusal stipulates that when one parent plans to have a third party babysit their child during visitation time, they must first give the other parent a chance to say they will or won’t watch the child instead. Private Investigators can provide records and documentation that demonstrates when visitation isn’t being properly utilized to make sure the parents who want time with their child are getting it.

I’m worried about the new people my ex is bringing around our kids.

One of the scarier parts of a divorce is knowing sooner or later your child is going to be introduced to new people you won’t get the chance to know beforehand. No one wants their child around strangers, but it’s an inevitable reality of separate parenting. It’s possible the new people in your ex’s life are wonderful, but why take any chances?

Private investigators can help alleviate these concerns. Investigators routinely perform background checks that can help you to better know who’s around your child. Concerned about where your children are being taken when they’re not with you? Surveillance can keep you informed about your children’s condition and whereabouts when you can’t be there.

For Private Investigation Inquiry contact Thomas Lauth, Lauth Investigations 317-951-1100

David Schroeder, Blog Writer, Lauth Investigations International