Amid your divorce proceedings, one question that comes up is who will have custody of the child. This is where you call your divorce attorney. However, the role of a child custody investigator is somewhat different. And when you know the difference, things become a lot more convenient. By making the right call, you can save a great deal of money and mental stress.
A divorce attorney is someone who handles the legal side of your separation. As such, they will do all the necessary paperwork, argue your case, and provide input related to Oklahoma family law. From the first filing to the final order, they are there for you. On the other hand, the custody investigator will be handling the factual side. For the same reason, they will collect evidence, interview potential witnesses, and prepare documents related to what is happening in your child’s day-to-day life. While the attorney builds the legal framework, the investigator gathers the argument to help with the case.
What Do You Do Then?
If you confuse the two roles, or wait too long to make the right call, it will end up putting you in a difficult situation.
So, the question that you still have is: whom do you call first? Well, a lot depends on the specifics of your case. The majority of parents get this wrong, since they fail to get it right when it matters most.
What is the Role of a Divorce Attorney?
In your case related to divorce proceedings, the attorney will be handling all the legal proceedings. As such, they will start by drafting a custody petition, represent you in the hearing, and respond to the filings from the other side. If the case also involves division of assets, child support, or creating a plan that both parents can agree on, the attorney can handle the entire process.
Because they are trained in law, your attorney’s skills are not fit for research roles or surveillance. If your spouse claims you are not fit for parenting or you suspect they are hiding income sources, the attorney can raise the issue and argue in court. As mentioned earlier, their job role doesn’t certify them to go out and verify the claims.
Should the occasion demand it, an experienced attorney will suggest early on whether your case needs any outside investigation. Parents can resolve most custody cases through negotiation without filing a lawsuit. However, problems arise when the dispute drags on, leaving you no choice but to hire a child custody investigator.
Why Should You Rely on a Custody Investigator?
The circumstances that prompt you to call a child custody investigator are somewhat compelling. Let’s make it clear right at the start. The investigator is not going to argue the case in front of a judge. On the contrary, they will collect and document the evidence, based on which your attorney will formulate a strategy. But the evidence collected will only matter if it is gathered legally and in accordance with process; the role of a child custody investigator is to confirm and document the child’s living conditions at a parent’s home.
They will also check if the parent is not into substance abuse or living with someone. As such, they will also do background checks, scan social media activity, and, if the occasion demands, conduct surveillance. All these activities are carried out by the experts in a manner that can withstand the rigors of court proceedings. So, it helps if the investigator comes with the right training and resources. It also helps if they know and understand the legal proceedings of what can or cannot be put up as evidence. Investigators should never opt for illegal means to collect evidence.
This last point does matter a lot, and most parents don’t realize it. Any evidence that is gathered without following due process will never be admitted in court. On top of that, think of the damage it will do to the credibility of your case. So, you must desist from collecting details through unfair means, for the sake of your case.
How Does the Custody Investigation Proceed in Your Case?
When it comes to custody investigations, it all starts with a proper conversation. You will have a frank discussion with the investigator about things you already know and what you suspect. From here, the investigator will create a strategy based on the specific concerns that you had shared. If you have serious doubts about the other parent’s living conditions, it might call for a site visit or a review of existing records. In case there is a concern of substance abuse, this might require longer surveillance.
The investigator will provide a detailed account of what was observed and how the details were gathered for the case. It is based on this report that your attorney will build the case. The same report will also be scrutinized by the attorney representing the other side. So, everything needs to be airtight, right from the beginning.
You Can Also Consider a Third Option- Family & Divorce Mediations in Oklahoma
Fighting a custody battle in court is never easy. Apart from the emotional turmoil, it also hurts your professional and financial standing. However, there is a third option for which you don’t really need an investigator or engage in a courtroom battle. Well, this is where you can opt for family and divorce mediation in Oklahoma City. As parents, you can work out a structured plan with a neutral third party. All of this, without incurring any additional cost or stress.
Will It Work for You
However, there is one crucial point that you must take into account. Mediation will only work if both parents have made up their minds to negotiate. There will be disagreements, but if the parents have goodwill, things will eventually work out. You can surely work out the scheduling details for the benefit of the child. An experienced mediator can indeed work with both parties involved to agree on a plan that is realistic and doable.
Mediation doesn’t always result in a positive outcome. What if your ex raises concerns about your overall mental health and well-being? Here, the mediator will not be allowed to investigate claims related to abuse, substance abuse, or mental illness. If you insist on pushing through the case despite evidence pointing otherwise, it will only delay the proceedings. It is also worth mentioning here that mediation and litigation don’t necessarily go hand in hand. You may start with mediation, but due to reluctance on the part of the other parent involved, the case may shift towards litigation. This becomes necessary when it becomes evident that an investigation is indeed required to move things forward.
When Should You Ask for an Attorney?
Once the dispute over child custody becomes legal in nature, start by calling your attorney. In matters related to divorce filings and disagreements over custody rights, you will need all the help you can get. What if the other parent is indeed not fit to care for the child? It is here that your attorney will help you to chart out the next course of action. For instance, an experienced family law attorney in Oklahoma City will recommend investigators you can trust and rely on.
Having an attorney right by your side is always beneficial. Because they have strong knowledge and experience, their input can make a positive difference. You can ask for an opinion on whether the case requires an investigation. On that front, by discussing the issues with the attorney, you will be able to identify the red flags.
When Should You Call a Child Custody Investigator?
Your attorney has certain limitations. First, they are not capable of verifying facts. And this is where you call an investigator. If you have to gather evidence related to the parent’s living condition, or details about substance use, call in the experts. There is also the issue of getting information related to unverified income sources. With the right documents by your side, you and your attorney can build a strong and credible case. At least, you will have some details to work with to tilt the case in your favor.
Never make the mistake of waiting too long to decide whether you should hire an investigator. Most parents do, and this results in a situation where they risk losing strong evidence. So, when you act early, it will help you collect details that can tilt the case in your favor.
What If You Need Both at the Same Time?
The answer will be yes, and this is something most parents do. Having an attorney and investigator working together is always beneficial for your case. In fact, some of the leading family law attorneys in Oklahoma City will ask for an investigator if they believe the case is becoming somewhat complicated. While the investigator will start working to gather the evidence, the attorney will turn those facts into impenetrable arguments. Both the investigator and attorney complement each other and work towards the common goal of addressing your primary concern. Trying to save money by hiring an attorney alone will surely hamper your case. If you wish to win the court battle, try to hire the attorney as well as a child custody investigator.
If the Case Drags On – Call a Child Custody Expert Witness
There will be occasions when the child custody case goes on and on, with no definite conclusion in sight. This usually happens when both parties accuse each other of abuse, torture, and parental alienation. Well, this is not how you imagined it at the beginning. So, the case will eventually need someone who comes with the right credentials. If a case continues to drag on, consider seeking help from child custody expert witnesses in Oklahoma City. They come in to evaluate the serious claims and, based on their observations, offer input in the court. The child custody expert witness plays a stellar role, something that you can’t expect from an average witness.
The fact that you had to ask for a child custody expert for the case is, at best, your last resort. The investigator collects evidence, and your attorney builds the case around those facts. But when it comes to disputes that involve tough questions, one must call in the right experts. These expert witnesses have proper credentials and training in child psychology and family therapy. When your case is not progressing because of strong evidence that needs proper interpretation, it is then and there that you should bring in an expert witness.
Common Mistakes Parents Must Avoid in the Process
A child custody battle takes a toll on both parents. You are in the middle of a crisis, and there is a strong chance of making mistakes. So, in your situation, don’t waste precious time waiting too long to bring in the expert witness. It would be wrong on your part to hope that the situation will resolve on its own. If you believe hiring an investigator will only make things worse, then you are wrong. A well-documented factual record will help end the case quickly, because it makes the other parent’s claims irrelevant.
We have been clear about how gathering evidence personally without proper consent will ruin your side of the story. The court will never accept the evidence, even if it is strong. So, you must leave research to a licensed professional who will ensure the integrity of the case and the quality of the evidence.
What Can You Do Realistically in the First Place?
If you are not sure where the case is heading, start by having a brief consultation on both fronts. There are divorce attorneys in Oklahoma City who work with licensed private investigators. This way, you will at least have a head start on gathering evidence. Accordingly, the attorney will be in a better position to decide which evidence will best support your case.
At Keefe Private Investigations, we work alongside Oklahoma City Family Law attorneys on child custody-related cases. Our main objective is to offer fact- finding support that holds up during the court proceedings. If you are interested and need help, feel free to call us at 405-435-8355 or stop by our office at 21985 Homesteaders Road, Edmond, Oklahoma 73012, United States.
