Win Your Child Custody Case

Gather The Evidence

Books

Child Custoday: A to Z Winning with Evidence: http://www.barnesandnoble.com/w/child-custody-a-to-z-guy-j-white/1007033814?ean=9780595336562

The Child Custody Book: http://www.barnesandnoble.com/w/the-child-custody-book-james-w-stewart/1019064810?ean=9781886230279

Backgound Check: How to do your own professional background check: http://www.barnesandnoble.com/w/background-check-valerie-mcgilvrey/1115682125?ean=9781481237611

1. Get a journal and document everything. EVERYTHING. It may seem small, but a dozen small things combined turn into something big.

2. Do some research. What type of people does this parent associate with? If a parent is hanging out with drunks or druggies, it’s going to reflect poorly on that parent in the courts. Especially if the kids are exposed to these people.

3. Start making calls. If the parent does something wrong, report it to Social Services. I’m not saying you should call if mom was half an hour late making dinner, but if she says she’s going to be back at 10 and doesn’t come back at 12, call Social Services and tell them the kids are unattended or abandoned.

4. Get everything you can on everything and anyone having to do with the parent you are trying to prove is unfit. For example, the parents of my step-kids’ biological mother do drugs. The courts need to know this kind of information. You may not want to drag others into your custody battle, but you may have to.

5. See it for what it is. If an unfit parent refuses to see the error of their ways and doesn’t cooperate with a custody arrangement that is in the best interests of the kids, see the situation for what it is — war. You HAVE to go to war to protect those children. You are not being petty. You are not being vindictive. You are doing what you have to in order to keep those kids safe.

Get that journal and start documenting and do your homework and get the evidence you need to prove your case. Everything else will fall into place.

Gathering the Evidence

Check criminal records to include driving records.

Has parent ever been arrested for DUI, DWI, Careless & Reckless Driving, Child Seat Violations, Drugs, Assault, Murder, Manslaughter, Sexual Assault, or is the parent a Sex Offender or a Wanted Criminal.

-- Verify employment/income. Does the parent work full time?

-- Verify residence.

-- Verify health insurance or Medicaid and other DSS assistance.

-- Who takes the child to the doctor, dentist, eye doctor, etc.

-- Does the child have their own bedroom?

-- Does the child miss a lot of days from school?

Gather evidence to prove a parent unfit

Discover and document undesirable behavior like reckless driving, criminal activity, alcoholism, drugs, gambling, physical abuse, neglect, parental alienation, or other conduct that may affect a child’s welfare. Check out the person's social network activity online by searching Facebook, Twitter, etc.

GPS Tracking

GPS tracking of your child can reveal such reckless behavior as speeding and frequenting unsuitable locations and businesses. This information can also provide excellent details to increase the effectiveness of any future mobile surveillance operations.

During the course of a Child Custody or Visitation Investigation you should Interview and gather witness statements from:

Friends
Relatives
Doctors
Nannies/Baby Sitters
School Personnel
Day Care Workers
Neighbors

For parents or hiring agents to run a background screening on a nanny candidate, the nanny candidate must provide authorization. Background screenings must also comply with the Fair Credit Reporting Act.

Confirmation of Identity. The basis of any accurate nanny background screening is ensuring that you are screening the actual individual who is applying for your job. Parents should verify the individuals’ name, date of birth, Social Security number and driver’s license number by cross referencing the information the nanny candidate has supplied on the application and background screening authorization form with information on the nanny candidates identifying documents.

Social Security Number Verification. The Social Security Number verification drives the criminal background check. When a Social Security Number is verified, it searches information provided by credit reporting bureaus, who gather information from individuals each time they apply for credit or open utility accounts. The Social Security Number verification reports names, addresses and phone numbers that have been used in conjunction with the researched Social Security Number.

Criminal Records Check. Criminal records checks should be conducted in the jurisdictions for the addresses that were populated through the Social Security Number verification going back at least 7 years. While many online sites advertise a free background check, they are typically referring to conducting a national registry search, which is an electronic database search. The national search should be used in conjunction, NOT in place of country court records checks because they are often outdated and do not house all records for all states. When parents request a criminal background check, they should ensure that the check includes both misdemeanors and felonies, since the records are often houses in different courts, in different indexes within jurisdictions.

Sex Offender Registry. The sex offender registry is accessible to the public at and should be checked as part of a thorough nanny background screening. The registry houses information on sex offenders.

Civil Records Search. Parents may want to request a civil records search on a nanny candidate to learn if any liens or judgments have been placed against a candidate or if the candidate.

Motor Vehicle Record Review. It is important for nannies who are transporting children to do so safely and responsibly. Parents should confirm that the nanny has a clean driving records, free from DUIs, OUIs and tickets for reckless or irresponsible driving. In some states, employers may be able to request a copy of an individual’s driving record, but in other states, the individual must request the copy and present it to the employer for review.

Credit Check. While many nannies feel that a credit check is too intrusive and has nothing to do with the quality of care that they will provide the children, some employers feel that insight into a nanny’s credit history could reveal financial troubles, which could be a source of significant stress for the nanny candidate.

Reference Checks. Parents should speak with at least three references when screening a potential nanny, two of which should be previous employers. Parents should confirm the factual information the nanny candidate provided about the job, ask open ended questions and pay close attention to the tone and demeanor of the reference. What a reference doesn’t say can be just as important as what she does.

Educational and License Verification. Parents should confirm that the information a nanny candidate has presented about her educational background, training and license is true and accurate. Parents can request copies of transcripts and diplomas and contact schools, colleges and licensing boards to verify the information provided.

Social Media Search. Parents may wish to search social media sites like Facebook, Pinterest, LinkedIn, MySpace and others to see if there is any information available about a prospective nanny. A Google search of the nanny candidate’s name may turn up interesting information.

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Background Check Consent Form & Nanny Check Request Form:

http://www.parentsinapinch.com/wp-content/uploads/2012/02/NannyCheckAuthorization.pdf

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There are many factors the court will consider when making custodial decisions, they include:

Stability, health, lifestyle and schedules
Criminal Records and/or activity
Evidence of child abuse or neglect
Unfounded accusations of abuse or neglect by one parent about the other
History or complaints of violence against a parent
Evidence of Alcohol or drug abuse
Parenting skills
Means to provide food, shelter, and education for the child
Home environment
Morality of the parents
Emotional and physical health
Parents willingness to support the child’s relationship with the other parent
Abduction or abandonment of the child or other defiance of legal process
Care and affection shown to the child
Financial standing
Parents past and current conduct
Acceptability of parents associates

Often times, an unfit parent will present themselves as a competent person when appearing before the court, cleverly concealing their unsuitable lifestyle. Typically under these circumstances, parental testimony is not enough to ensure the placement of your child in your custody.

In a custody battle, it is your responsibility to provide proof of your allegations. For this reason, a qualified private investigator can be essential. A licensed private investigator’s findings, objective courtroom testimony and video documentation will always have more credence in court than a parent’s accusations.

10 Things a Through Nanny Background Screening Should Include

How the courts decide on child custody

Win Your Child Custody Case

How to Investigate a Nanny Before Hiring

Child Custody Investigations

Evidence: The information you compile today could be the deciding factor in your case and in the quality and safety of your child’s life. In a custody battle, it is your responsibility to provide proof of your allegations. During your child custody investigation you should attempt to discover and document any and all undesirable behavior like reckless driving, criminal activity, alcoholism, drugs, gambling, physical abuse, neglect, parental alienation, or other conduct that may affect a child’s welfare.

Surveillance: Surveillance is an effective technique to gather evidence of your child’s living conditions and treatment, and to identify any third party persons with whom they are coming in contact.

GPS tracking: GPS tracking of your child can reveal such reckless behavior as speeding and frequenting unsuitable locations and businesses.

A thorough background investigation into any persons of interest interacting with your child and into the past of the “Other” Custodial Parent and is highly recommended. Unearthing pre-marriage or relationship history of your ex and the undesirable or illegal activities of their acquaintances can often reveal previously unknown disturbing facts that could be used to further build your case.

When establishing a child support or medical order support: Search for hidden assets, verify their current job situation and document their current level of lifestyle to determine the non-custodial parent’s ability to pay support. If you suspect that the award of the court ordered child support did not accurately reflect the other parent’s ability to pay, or that the financial circumstances of that parent have changed for the better, you should attempt to gather evidence of lifestyle, income, and assets that you can present to the court as evidence to substantiate your claim.

Prove Cohabitation Investigations

Proof of Cohabitation is usually needed in family court to assist in child custody matters, compensation claims for child support, spousal maintenance, alimony matters, and other disputes. Your investigation should reveal the periods of time that people are living together, the intensity of the relationship, and other valuable unknown facts. Cohabitation Investigation Services should include: Asset Investigation, Cohabitation Reports, Background Investigations, Surveillance, Video/Photos of Unknown Subjects, Identity Verification, Covert and Undercover Operations, and Interviews and statements.

How to Prove a Parent Unfit and Win Your Child Custody Case

To say that a parent is unfit is to say that he or she is incapable of providing a nurturing and safe environment for their child which ultimately places them at significant physical and/or emotional risk. Living conditions that might imply an unsafe environment include drug and alcohol addiction, emotional and mental illness, as well as anger management problems. The more obvious scenarios where a parent is easily identifiable as an unfit parent include abandonment or severely neglected children. However, there are many ‘gray’ areas where identifying a potentially harmful situation or unfit parent are harder to decipher – and a court demands solid evidence of such before considering a parent to be unfit.

Proving Unfitness

Substantial proof of the unfitness of a parent can include school records which show truancy or excessive absences (in cases where a parent cannot get their child to school on time or at all), medical records which indicate a pattern of abuse, psychological evaluations to support emotional claims, drug and alcohol screening to prove addiction claims, and domestic violence reports which indicate anger issues or actual physical abuse.

The factors used to determine that a parent is unfit

The following include some of the reasons a parent may be declared unfit:

physical, emotional and sexual abuse
excessive discipline
failure to protect the child from abuse by others
failure to report abuse of the child
neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
failure to provide proper medical care
failure to provide day to day parental care
serious illness or disability
mental illness
substance abuse or addiction
alcoholism
criminal activity and/or associations
incarceration
conduct or conditions that are seriously detrimental to the child
abandonment
child endangerment
leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
a failure to provide adequate supervision
unsafe living conditions
a medical condition that makes it impossible for the parent to adequately care for the child
leaving the child in someone else's residential-type care for extended periods of time

7 Biggest Mistakes in Conduting a Background Check on a New Nanny

Mistake #1 – Not doing a thorough nanny background check. Not all nanny background checks offer the same depth of reporting. Make sure the background check you choose includes a national screening of criminal records, sexual offender list, a SSN match with name and previous address history, alias search and county record search in counties lived. See eNannySource.com's nanny background check services.

Mistake #2 – Thinking a nanny background check alone is enough. Nanny background checks DO NOT screen for crimes committed but not brought to the authority or cases where there was no conviction. Having a clean criminal background is not the same as being fit to care for your children. A clean background simply means a candidate has not been caught or convicted of committing a crime.

Mistake #3 – Not checking references. References from friends and family are not enough. When checking nanny references, you need to speak to whose people who have directly worked with the nanny in question. When calling references, be sure to ask questions about the nanny's performance, duties and responsibilities. Know that some people are reluctant to share negative information, so it's important to listen to what is not said as much as what is said. Ask if there is any one thing the nanny could have done to make her performance ideal. The answers may help reveal any trouble areas. It's also important to screen candidates for phony references. Our nanny application form helps you do that.

Mistake #4 - Not doing your own Internet search. Just like you would a prospective date, Google your nanny. You'll of course want to be sure you are searching for the correct person. You may be surprised that you'll find information on everything from statuses posted on social networking sites to listings on child predator sites. See where your candidate's name shows up and what other families have to say about working with them.

Mistake #5- If the nanny you are interested in has unexplained gaps in her employment timeline, find out why. Be sure to ask why each job ended. The responses could provide insight into any employment patterns.

Mistake #6 – Not making a copy of the nanny's ID. It is important that you make a copy of your nanny's photo ID that has her complete name and address on it as well as one other form of ID. Typical types of IDs may include driver's licenses, state ID cards, passports, permanent resident cards and employment authorization cards.

Mistake #7– Rushing the nanny search. Make sure you leave enough time to find the right nanny. If you're in a time crunch, you may not be as thorough as you need to be. Allow at least 4-8 weeks to find a nanny. By doing so you are allowing yourself enough time to find the right match for your family.

How Overnight Dates Could Seriously Damage Your Custody Case.

How Overnight Dates Could Seriously Damage Your Custody Case

By Lenore Skonal for Divorce360.com

No. It’s the resounding answer to the question: Should you have a member of the opposite sex spend the night while you are divorcing, or even newly divorced?

“If there are children involved, overnight guests are a no-no,” says Kathy Stafford, 50, relationship coach and author of Relationship Remorse. “Children do not and should not have to deal with an endless stream of ‘new dads’ or ‘new moms.’ If you want to have a sexual relationship with someone new, that's OK. Just don't do it with the kids at home.”And in her opinion, it doesn’t matter how old they are. “Children of any age are traumatized enough by the separation of their parents. I know that a lot of my clients say, ‘But my kids are older and they understand about sex. They know I like to have a sexual relationship.’ While that might be true, just remember the example that you are setting is that it’s OK to have sex with people you aren’t married to. I think that is a bad example to set. Monkey see monkey do.”

Morality aside, there are more pressing legal implications to consider when entertaining overnight guests while your children are in the house, especially if you are just separated and dealing with custodial issues.

“It’s never a good idea, but not even for the moral reasons or even the kids. I am thinking of it from a litigious point of view. We have had many cases that we have surveilled and that can be brought to light during the litigation and can jeopardize child support,” says Thomas Martin, 63, a private investigator and former FBI agent from Newport Beach, Calif. “You have to remember, at least in California, if you have someone stay overnight for three nights, and they don’t have to be consecutive, that can be considered co-habitating.” And if there is a clause in your agreement or divorce decree that ties alimony or child support to co-habitation or can financially penalize you for having another adult sharing your living space, all of that can be jeopardized. And it might also cause some problems with your custody of your children.

“I would caution the client in terms of custodial issues down the road that it is not good judgment if you start having a trail of people through your house,” agreed Judy Poller, partner and co-chair of the Family Law Group at Pryor Cashman LLP, a Manhattan-based law firm. “You are actually harming your child. And I would be concerned if there were such issues between the parents that there was always going to be a concern about whether there could be good joint decision making regarding the kids.”

Even if it isn’t a revolving door of men or women running through your bedroom, it makes a difference. A steady relationship so early on might also color your divorce. “Say you are with someone on a fixed basis, you will be asked by a psychologist to bring that person in for an evaluation in child custody hearings,” says Daniela E. Schreier, 37, a licensed clinical psychologist and assistant professor of the Chicago School based in Illinois, who has a background in forensics and works within the court system with custody evaluations. “This person has to come in to be evaluated. And we just had a case where an ex-husband came back and contested because his ex-wife hadn’t told the truth about the fact she was dating one man, and he had stayed over the house, spent weekends together and the kids were in his constant company. We had to reevaluate.”

While it doesn’t do much good to lie to the courts about having a significant relationship, especially during separation, it might be even worse to keep it from your soon-to-be- ex, especially if that person has control issues. If the relationship was abusive at any level, sleeping with another person might be the trigger for more violence. “For the control-freak-soon-to-be-ex-husband, it can create heavy duty jealousy issues,” Martin says.

“Yes, be careful and mindful because you are still in that relationship especially if you live in what was the shared residence,” says Schreier, who also specializes in dealing with relationships between controlling spouses and their partners. “You have the house but it also is your ex’s house. And sometimes that is how he views it. Does he still have the keys? If you were married to a possessive and jealous man, you don’t want him to walk in on you with someone else. What if he hires a private detective? If he is a controlling person, this will inflame him and could possibly lead to rage and violence directed against you. Even if he is not controlling, why give him more ammunition?”

Lenore Skomal is author of seventeen books, an award-winning columnist, and she also teaches college journalism in Pennsylvania.