Documenting a co-parent's conduct for a Gilbert parenting case

Gilbert park at pickup time, documenting a co-parent's conduct for a parenting case

Gilbert is a town full of families, and a lot of the parenting disputes here are fought over ordinary-sounding things: who drives the kids to practice, who is at the house on the other parent's weekend, whether the children are picked up from school on time or left waiting.

When you are worried about what happens while your children are with the other parent, it is natural to want proof. A private investigator can help. But in parenting cases, how the evidence is gathered matters as much as what it shows, and the wrong approach can backfire with the judge.

What the court is looking at

Arizona's statute talks about legal decision-making and parenting time rather than custody. Under A.R.S. 25-403, the court decides legal decision-making and parenting time according to the best interests of the child, and considers all relevant factors for the child's physical and emotional well-being. The statute lists factors that include:

the relationship between each parent and the child, past, present and potential future
the child's interaction with parents, siblings and anyone else who may significantly affect the child's best interest
the child's adjustment to home, school and community
the mental and physical health of everyone involved

There are other factors too, including whether there has been domestic violence or child abuse, and which parent is more likely to allow the child frequent, meaningful contact with the other. The point is that judges are looking at the child's life, not at who is the nicer adult.

Where a private investigator helps

Arizona licenses private investigators through the Department of Public Safety, and their legal scope includes investigating conduct and gathering evidence for court. In a parenting case, the most useful work is usually quiet and specific.

Exchanges

Documenting what happens at handoffs, whether that is a school, a police station parking lot or a fast-food restaurant on Gilbert Road. Who shows up, whether they are on time, whether anything happens that a child should not see.

Who is around the children

If a new partner or a housemate has a concerning background, a private investigator can check public court records, and may document whether that person is present during the other parent's time.

Driving and impairment

Observing, from a public place, whether a parent who has a history of alcohol problems is leaving a bar and then picking up the children. Private investigators are not police and will not intervene, but a dated, factual record with photographs carries weight.

Following through on the parenting plan

Whether the children are actually with the parent during that parent's time, or routinely left with someone else.

The best reports are boring to read: times, places, what was seen, photographs. No adjectives, no conclusions about character. Judges trust that much more than a report that sounds like it wants a particular result.

What you should not do yourself

Parents in high-conflict cases often try to gather evidence on their own. Some of it is fine, such as keeping a calendar of late pickups or saving text messages you received. Some of it causes real trouble.

A GPS tracker on the other parent's car, or secretly tracking their phone, can fall under Arizona's stalking statute, A.R.S. 13-2923, which includes using an electronic or GPS device to monitor a specific person without authorization.

Secretly recording the other parent's phone calls, or putting a recorder in your child's backpack to capture conversations at the other house, is interception without consent under A.R.S. 13-3005. Arizona allows recording a conversation you are part of (A.R.S. 13-3012), but a hidden device recording conversations you are not in is a felony.

Questioning the children about the other parent, or asking them to report back, tends to hurt you in court. Judges notice when a child has been put in the middle.

When to bring in a private investigator

Usually after you have spoken with a family lawyer. Your lawyer knows what the judge assigned to your case pays attention to, which issues are worth proving, and how the evidence will be introduced. A private investigator working with your lawyer can focus on that, rather than spending your money on days of surveillance that cannot be used.

Family cases in Maricopa County are heard by the Superior Court, including at the Southeast Justice Center at 222 E. Javelina Ave. in Mesa. If your private investigator's report becomes evidence, they may need to testify, so ask in advance whether they will.

Questions to ask before hiring

Have you worked parenting time cases before?
How do you keep surveillance lawful and discreet, especially around schools?
What will the report include, and will you testify?
How do you bill, and what is the likely cost for what my lawyer wants proved?

You can browse private investigators in Gilbert, including Mason Investigative Solutions. Every private investigator listed in Arizona on Served & Found is a member of the Arizona Association of Licensed Private Investigators (AALPI). Our guide to what private investigators can and cannot do is worth a read first. If you have not yet served the other parent, see why the service date matters in a Gilbert divorce. The Gilbert page has more.

This is general information, not legal advice. If you believe your child is in danger right now, call 911, then call your lawyer.

See the board: everyone in Gilbert · private investigators only.