Custody issues are usually the most contested in a divorce. Sometimes all you need to win your custody battle is a little bit of extra proof that your spouse is shirking parental responsibilities. A private investigator can help you gather necessary evidence to support your claims.
What Will a Private Investigator Do in My Custody Case?
Private investigators ("PIs”) are professionals trained in information gathering. Some are former police officers, detectives, military members, or other types of criminal justice professionals with investigative experience like interviewing witnesses, gathering evidence, searching for financial information, and locating people and property.
Before beginning a search, a PI will meet with you to find out what kind of information is relevant to your case. For example, you may want information showing that your spouse leaves the children with a babysitter during her scheduled visits. This could show a judge that your spouse isn’t taking advantage of custody opportunities. Other times, a private investigator may be able to provide surveillance or photographs of your spouse neglecting or abusing your children or spending nights at the bar with the children alone at home.
What Kinds of Evidence Can a Private Investigator Gather?
A PI may gather photographs, video, or items like receipts dropped by your spouse. Different states have different rules as to whether it’s legal or appropriate for a PI to go through your spouse’s trash looking for information.
In nearly every state it’s illegal for a private investigator to install a video camera in your home to spy on your spouse. Likewise, you can’t secretly record your spouse’s calls without legal consequences. Instead, your private investigator can video or photograph your spouse in public places with the kids, like a park or the grocery store late at night. In other words, evidence gathered by a PI in your custody case will simply paint a picture of your spouse as a parent. Usually, a good investigator can uncover information that will give you a better chance at obtaining custody of your kids.
How Do I Find the Right Private Investigator for My Case?
If you’re unsure whether hiring a private investigator would help your case, ask your attorney for advice. An experienced family law attorney will be able to recommend good PIs and explain whether hiring one is worth your time and money.
You'll also want to make sure your private investigator is experienced and professional. Certain states require private investigators to obtain a state license. In other states, private investigators are licensed at the local government level. Whatever your state’s rules, it’s important to find out whether your PI has met all applicable licensing requirements. This can shield you from at least some of your PI’s actions. For example, if you hire an unlicensed private investigator to spy on your spouse in Utah, you could be liable for stalking. Utah’s state statute, like many other states, grants an exemption to licensed private investigators, but not unlicensed ones. It’s important to make sure that any investigator you hire follows the law.
Questions for Your Attorney
- My spouse is putting my children in daycare during times I’d be available to watch my kids, but she won’t let me have them. Can a private investigator help me prove this?
- My spouse regularly takes my young kids out to dinner or Wal-Mart at 9 and 10 at night on school nights. My children are tired at school and their grades are suffering as a result. Can a private investigator help me prove that my husband isn’t meeting my children’s needs?
- I don’t think my spouse is a bad parent, but I’m a better one. How can a private investigator help me gain an advantage in my custody case if there’s no real “dirt” on my spouse?