How Family Lawyers Utilize Private Investigators for Child Custody and Divorce Cases

The discovery process, a critical step in most legal disputes, involves parties sharing documents and other evidence. This step is particularly crucial in family law matters, such as divorce and child custody cases. But did you know that private investigators often play a crucial role in this process? We recently spoke with the Toronto private investigators at Haywood Hunt & Associates Inc. to understand why so many Family Lawyers rely on their investigation capabilities to ensure successful outcomes for their clients and families.

Family law disputes often involve “he said, she said” arguments requiring thorough fact-finding. Attorneys, trained to identify relevant information, may delegate this task to licensed private investigators. While investigators lack policing powers, they play a similar role in gathering evidence.

Private investigators offer specialized services in child custody investigations, aiding parents involved in custody battles. These investigations aim to uncover critical details about the child’s life, parental stability, and living conditions, potentially revealing key facts that could influence custody decisions.

Common Responsibilities of a Private Investigator

The role of a private investigator can differ depending on the case, but typically includes the following responsibilities:

1. Gathering Evidence: This involves reviewing documents such as civil judgments or criminal records, interviewing individuals, and conducting surveillance.
2. Surveillance: Private investigators monitor individuals to collect evidence while following legal guidelines. They may observe interactions between parents and children, focusing on behaviors that affect the child’s safety and well-being.
3. Conducting Background Checks: Investigators verify professional histories, social connections, credit records, criminal records, and other relevant information. This can include online research, phone inquiries, and interviews to uncover issues like substance abuse or a history of domestic violence.
4. Documenting Visitations and Custodial Interactions: Private investigators record interactions between parents and children during visitations, evaluating the quality of these relationships.

It is important to note that investigators are not allowed to enter private property without permission or access records that require a subpoena. They can locate bank accounts or other records, but accessing detailed information often requires the owner’s consent or a court order.

Finding a Reputable Private Investigator

Licensing requirements for private investigators vary by state. In California, for instance, candidates need legal training or a relevant degree, real-life investigative experience, and must pass a background check and possibly an exam.

It’s generally advisable to let your attorney hire the investigator. If an unlicensed investigator mishandles evidence, it may not be admissible in court. Attorneys usually have relationships with trusted investigators, ensuring compliance with licensing requirements and proper evidence handling.

Using a Private Investigator for Divorce

While all states allow no-fault divorce, some states like Alabama also permit “fault” grounds for divorce, such as infidelity or spousal abuse, which require evidence. Private investigators can help prove infidelity or uncover activities suggesting an affair through surveillance, social media monitoring, and examining purchase records.

P.I.s can also find hidden assets, relevant for property division, child support, and spousal support. This includes searching databases like the Secretary of State or Securities and Exchange filings to uncover questionable transactions and hidden assets.

Related reading: Strategies for Maintaining a Strong Family Bond During a Divorce

Investigating a Cheating Spouse or Partner

Experiencing betrayal from a spouse or partner is incredibly painful, and moving forward can be difficult without clear, undeniable proof of infidelity. A private investigator can reveal hidden information about affairs, secret meetings, and other deceptive behaviors.

Verifying Information for Support Payments

It is not uncommon for a parent or ex-partner to conceal income or assets to avoid making fair support payments. Requesting additional support can be challenging without solid evidence of these hidden resources. A private investigator can uncover concealed income, trace offshore bank accounts, identify businesses registered under another name, and more.

Using a Private Investigator for Child Custody and Visitation

Child custody decisions focus on the child’s best interests. Private investigators help parents gather objective and reliable evidence about a parent’s ability to provide a stable home or issues like child abuse or drug use.

According to Malerie Rose of Rose Family Law, a Family Law firm based in Mississauga, “investigators provide detailed reports, photographs, videos, and other evidence to strengthen a parent’s case for custody or in negotiations for joint custody arrangements. So many of our cases have hinged on the critical evidence that private investigators can provide, so we often refer to them as our secret weapon in a lot of these highly contested disputes”.

Legal Assistance with Divorce or Custody Disputes

Hiring a private investigator for family law matters can be beneficial, especially when coordinated through a legal professional. P.I.s can gather crucial evidence, and an experienced family law attorney can guide you through the process, helping you understand different types of custody and visitation rights.

For assistance with your custody case, consider contacting an experienced family law attorney to help you navigate the complexities and ensure your child’s best interests are prioritized.