The Court may order an investigation in custody or visitation disputes if the judge believes that it is necessary to resolve complex issues such as the safety of the children. Court Mediators and attorneys may also request that the Court order an investigation. Judges normally grant investigations if they feel it would help to clarify allegations and promote settlement of issues in the best interest of the children.
Every investigation is different as it is tailored to each individual case. There are some things that are completed in every investigation, including the following: criminal history checks on each parent; child protection agencies provide reports regarding investigations into allegations of child abuse involving the parents, any of the parent’s children and the children who are subjects of the child custody investigation. Sometimes police reports and school records may also be obtained depending on the circumstances of the investigation. A criminal background check will be run on all adults in both residences who participate in caring for the child.
The investigator will speak both parties including all relevant witnesses (social workers, teachers, therapists, law enforcement officials, and persons who have directly observed incidents.) The investigator will not speak to character witnesses.
The investigator will only speak to persons that have made direct observations of events or behaviors that are relevant to the issues identified by the court. You should be prepared to tell the investigator specifically what information the witness will likely report. Witnesses that tend to have more impact are those who are usually viewed as objective, such as police officers, school officials, and social workers.
Since the Judge relies on the evidence found during the investigation, they need to be taken very seriously. It is best to consult with a knowledgeable family law attorney so you know how to prepare for the investigation and important things to consider. Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience in custody cases, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us wherever you are. If you’re thinking of hiring an attorney for a custody matter, call us today at 1-888-749-7428 for a consultation.
