How will you know if your ex is telling the truth about substance abuse? What if your ex is living with a partner who might not be safe for your only child? And what Options do you have if the partner denies child custody on some pretexts? The fact that you are fighting for child custody alone puts you in dire straits. Of course, you are concerned about your child’s safety. In such a scenario, do you really think polygraph tests will settle the case once and for all?
It is a legitimate question, and one that needs serious consideration. However, lie detector tests don’t necessarily work the way they are portrayed in movies or sitcoms. Before signing up for a polygraph exam, you need to understand how judges in Oklahoma will treat it as evidence.
In this blog, we will shed more light on where polygraph testing fits in and explain the legal precedents. By the end, you will realize what a polygraph test can do for your case.
Table of Contents
What is the Main Purpose of a Polygraph Test?
It would be wrong to assume that a polygraph test can detect lies with ease. More precisely, it is designed to track physiological responses such as heart rate, blood pressure, respiration, and skin conductivity. A trained examiner also oversees the polygraph test and asks a series of structured questions. There is a widely held belief that if anyone is trying to be deceptive, it will then trigger a measurable stress response. This is not the case when someone provides the right answers.
A report published by the American Polygraph Association discusses this notion extensively. In fact, the 2011 meta-analysis reviewed 38 qualifying cases covering 3,723 examinations. Single-issue diagnostic testing produced a decision accuracy of 89%, with an inconclusive rate of 11%. On the other hand, the tests that covered multiple issues scored lower, with accuracy landing at 85% and a 13% inconclusive rate.
What the Numbers Suggest?
When you look at the numbers, they seem solid and reliable. Nevertheless, independent researchers have made a conscious effort to push back. They often argue that the numbers being released might be inflated and do not represent the actual figures. Because of the methodological dispute that follows a polygraph test, judges in Oklahoma exercise caution when rendering a verdict.
Do you really want to go ahead with a polygraph test? If you want an experienced professional to administer a polygraph correctly, feel free to connect with us at Keefe Private Investigations. We will then help connect you with a licensed polygraphist in the OKC area.
How Do Courts in Oklahoma Treat Polygraph Tests?
Most polygraph test results are not accepted as evidence. This is one reason it’s necessary to understand how Oklahoma judges assess the authenticity of scientific evidence.
At one point, Oklahoma courts followed the Frye Standard. This required scientific evidence to be accepted as such within the relevant field before any court would consider it. The Supreme Court later replaced the Frye standard in Christian v. Gray. With this case, courts formally began adopting the Daubert Standard for civil cases. This ruling made the trial judge the sole person responsible for evaluating the relevance of expert testimony.
Under the Daubert Standard, the judge weighs several factors before allowing the evidence to reach the jury or fact-finder. The judge will consider several points, such as whether the method can be tested and whether it has been peer-reviewed. This is because polygraph tests often fall short of accepted scientific standards. More importantly, the scientific community itself has failed to reach any consensus. This lack of consensus is what makes polygraph tests somewhat questionable.
Why Do Courts in Oklahoma Continue to Reject Polygraph Evidence?
In Collier v. Reese, the Supreme Court reaffirmed its stance. It was clear that polygraph evidence is not admissible in both criminal and civil proceedings. Moreover, Justice Kauger made it clear by pointing out the lack of consensus among the courts and the scientific community. All major stakeholders had serious concerns about the overall reliability of polygraph techniques.
Moreover, the U.S. Supreme Court also made its position clear in United States v. Scheffer. This case involved an Air Force service member who tried to introduce a passed polygraph test in his defense to support his claim of not using drugs. The court upheld the rule by banning polygraph evidence entirely. The court reasoned that there was no consensus on the authenticity and reliability of polygraph techniques. The problem is that most of the results are misleading and do not necessarily address the core issue.
Similarly, a custody case is primarily a fact-finding process in which the judge decides which parent is more reliable. So, handing the task to a polygraph will only demean the judge’s role.
Can You Expect any Exception with Polygraph Test in Custody Cases?
Yes, if you want polygraph test results to be admissible in court, you and your ex must enter into a written stipulation right before the exam. You must agree in advance that you have no issue with the result, regardless of the outcome. Without the signed agreement, Oklahoma courts will not consider the results, and the case will be dismissed.
However, there’s a catch. Polygraph tests come up more often in criminal cases. They seldom appear in child custody cases. Besides, your family attorney is unlikely to agree to it. And there’s a valid reason: if the results are not favorable for you, they become part of the official record. Unless the circumstances are unusual and there is no option left, your attorney will never advise you to take this route.
If you are considering going for a stipulated agreement, make sure to speak with your attorney before you commit anything in writing. Or you can reach out to a child custody mediator in OKC who can help you and your partner. Sometimes, all it takes is a bit of talking and compromise to reach a favorable outcome.
So, Why Do People Still End Up Taking Polygraph Tests for Custody Disputes?
It doesn’t matter whether the results of the polygraph test are presented before the judge or not. This is primarily because the test itself involves real work done outside the courtroom.
- It compels one party to come clean: When someone learns you have scheduled a polygraph test, they will immediately deny the allegations. The test alone forces them to confess and come clean.
- Allows your attorney to look for any blind spots: Even before the case reaches a judge, the polygraph test gives your attorney access to your confidential information. If you keep the test confidential, your attorney can better identify its weak spots. This way, you can prepare yourself to handle the opposing counsel.
- Helps both parties to negotiate: Once you and your partner consider a polygraph test, things become much more convenient to handle. In fact, the test result alone, even when it is not considered formal evidence, helps to shape the mediation process.
- Encourages a broader investigation: A polygraph test is usually followed by surveillance, social media scans, and skip tracing. In short, it becomes a broader investigation to collect evidence legally, which your attorney can use in the court proceedings.
Are you trying to build a similar case? If you need assistance, contact Keefe Private Investigations. We work closely with clients across Oklahoma, especially in child custody investigations. For the same purpose, we assist you by collecting the documented evidence that your judge can rely upon.
What Actually Works in an Oklahoma Custody Court?
First of all, polygraph tests don’t necessarily have much of an impact in child custody disputes. So, it helps to know the specific points that can help you get a favorable ruling. On that front, Oklahoma courts are quite clear. Under Title 43, Section 112 of the Oklahoma Statutes, the judge decides what is best for your child’s overall health and well-being. The judge makes the call based on which parent is in a better position to provide the child with a good and safe environment to grow. The judge will also look at which parent will offer frequent and continued contact with the other parent.
Section 109 further adds another layer: the court must make it a point to look for any history of abuse in the business, domestic violence, stalking, or harassment. All of this carries significant weight in the decision.
So What Evidence Can Your Present to the Judges?
Judges prefer verifiable, well-documented facts.
- Any text messages, emails, and records of financial transactions that establish a particular pattern
- Footage from surveillance that points towards the actual conduct
- Records from schools, medical and law enforcement agencies
- Testimony from a qualified expert witness to explain the actual findings in court
- A well-prepared documented timeline by any licensed private investigator
When it comes to bringing in a private investigator, you will surely have some doubts. But what a PI can do is not something you can expect from a machine test. As professionals, these experts play a crucial role in producing factual records that a judge can rely on.
Where Exactly Does a Licensed Examiner Fit into the Scenario?
A polygraph test may not decide the outcome, but it still plays a role. At the same time, it’s necessary to use this exam as effectively as possible. Instead of opting for an unlicensed or inexperienced examiner, you must consider hiring a licensed examiner. A qualified examiner has a strong understanding of the psychological and legal context of the case. As such, they will try to structure the questions accordingly. They also know how to document the sessions and explain the limits of what the exam can and cannot do.
We can help here, too. Keefe Private Investigations can help in coordinating polygraph tests across Oklahoma City. This certainly helps in the long run, and you can count on the experience of our professional examiners. We help with cases related to workplace fraud, infidelity, as well as child–custody–related concerns.
If you are having some doubt as far as your spouse is concerned, our polygraph examiners can assist you in gaining a better understanding of the whole process. This way, you will be better positioned to make the right call.
Why You Must Talk to Your Attorney Before Booking a Polygraph Test
Before signing up for any polygraph test, speak with your attorney. They are best equipped to advise you on whether you should go ahead with the test. Depending on the specifics of your case, they will tell you if a stipulation indeed makes sense. They will also advise on how these tests may affect your chances of settlement or negotiation. On that front, to help your attorney, you can hire a private investigator. Their coordination, paired with fieldwork, can go a long way toward changing the outcome of the case.
In fact, this strategy of using a private investigator to collect evidence might work better than undergoing a polygraph test.
Final Thoughts
In Oklahoma, polygraph tests have certain limits. Moreover, the Oklahoma Supreme Court has clearly stated that a polygraph is admissible in both civil and criminal cases. The only exception is a written stipulation in which both parties have agreed to a polygraph test. Besides, going for a stipulation doesn’t really make much of a difference. However, you must never consider a polygraph test to be irrelevant. If used properly, it can compel your ex to confess and state the obvious truth. Besides, it will give your attorney a chance to check if you have any chink in the armor, per se. Other than these, the polygraph test will go a long way toward having some settlement leverage, even before the court hears your case.
If you are fighting for child custody in Oklahoma and need help with building a well-documented record, do reach out to us at Keefe Private Investigations. We will surely assist you by determining how and where the polygraph fits into your specific situation.
