Pima County custody cases: what a private investigator can show

Parent at a car door during a Tucson parking lot exchange, documented by a private investigator in a custody case

Custody fights are the cases where people most want a private investigator and are most likely to hire one for the wrong job. A parent worried about what happens on the other side's weekends often pictures a long-lens photo that ends the argument. In Pima County Superior Court, where Tucson's family cases are heard at 110 West Congress Street, what usually helps is quieter than that: a clear, dated record of specific facts that line up with what the judge is required to consider.

This is general information. Your family lawyer should decide what evidence to gather and how it gets into court.

Start with what the judge has to weigh

The Arizona statute does not use the word "custody" here. It talks about legal decision-making and parenting time, and A.R.S. 25-403 lists the factors a court considers in deciding them by the child's best interests. Among them:

the past, present and potential relationship between each parent and the child
the child's relationships with siblings and anyone else who significantly affects the child
the child's adjustment to home, school and community
the mental and physical health of everyone involved
which parent is more likely to allow the child frequent, meaningful contact with the other
any history of domestic violence or child abuse
whether a parent has misled the court to cause delay or gain an advantage

That list is your map. An investigator's time should go to facts that bear on one of those factors. A new boyfriend or girlfriend is not, on its own, on the list. A new boyfriend with a pattern of driving the kids after drinking is a different matter.

What can lawfully be documented

A private investigator licensed by the Arizona Department of Public Safety can observe and record what happens in public or in plain view from a public place. In custody work around Tucson that often means:

Exchanges. Whether the other parent shows up on time, who actually brings the child, and how the handoff goes. A pattern of late or missed exchanges, recorded over several weeks, says more than one bad Sunday.

Who is caring for the child. If the parenting plan says the child stays with the other parent and the child is instead dropped with someone else for the whole weekend, that can be relevant.

Driving and supervision. Whether a child is in a proper car seat, whether a parent leaves young kids in a car outside a bar on Speedway in July, whether the child is left with an unsupervised teenager. Facts like these tie directly to the child's safety.

Background. Public records checks on a new partner or household member, such as court records and registries, can show history a parent ought to know about.

Living conditions, viewed from the street. An investigator can note what is visible from a public place. They cannot walk into the house or look through private windows.

What will hurt your case

Evidence gathered the wrong way can do real damage, both legally and in how the judge sees you.

Tracking devices. Under A.R.S. 13-2923, using a GPS or other electronic device to surveil a specific person without authorization, for 12 hours continuously or on two or more occasions, is part of the definition of stalking when it causes fear or distress. A parent who hides a tracker on the other parent's car may end up the subject of a protective order.

Recording in private places. A.R.S. 13-3019 makes it a felony to secretly film someone undressed or in a bedroom or bathroom where they expect privacy. There is no investigator exception.

Using the child. Asking a child to report on the other home, or sending a phone along to record, is the kind of thing judges notice. It can count against you under the factor about which parent supports the child's relationship with the other.

Stale or vague reporting. "He's always late" is not evidence. Dates, times, locations and photos are.

How it gets used

A good investigator's report reads like a log. It gives each observation with the date, start and end times, location and what was seen, with photos or video attached and labelled. Your lawyer decides whether to disclose it, use it in a mediation, or call the investigator as a witness. If the investigator might testify, ask before hiring whether they have done that in Pima County before and how they handle cross-examination.

Plan for the timeline too. Family court calendars move slowly, and evidence from eight months ago may be less persuasive than a fresh pattern. Many lawyers prefer a focused few weekends of observation close to a hearing over months of general surveillance.

Finding someone in Tucson

Check any investigator's licence yourself on the DPS Public Services Portal; our guide to verifying a private investigator licence walks through it. The Tucson private investigators page lists private investigators working the area, all of them members of the Arizona Association of Licensed Private Investigators (AALPI). If the other parent has moved to Marana, Green Valley or farther south, the Southern Arizona private investigators page is the wider list.

If you have been served with a petition yourself, the response deadline is usually 20 days when served in Arizona, so call a lawyer first and an investigator second. The Tucson town page has the rest of our local guides, including one on whether an affair matters in a Tucson divorce.

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