Prior to commencing investigations in child custody matters, it is essential that a solid strategy be initially developed. Based upon lengthy experience in child custody cases. It is recommended that all relevant laws and circumstances be fully examined in order to devise the most effective course of action without jeopardizing the client’s legal suit.
It is always strongly urged that efforts be coordinated with the oversight of the attorney who will be presenting the case in court or mediation. Because families are actually being divided in child custody cases, the emotional factors can often cloud the significant legal aspects involved in such investigations.
On the occasions when attorney involvement is not an option during child custody investigations, initial consultation with the client includes the development of the most useful strategy, which will thereafter be kept in constant consideration by all investigators involved in the case. As an emotionally uninvolved third-party, we are in the position to maintain focus on the client’s objectives without loosing sight of what is important to the case. Civil Code 49 states: " The rights of personal relation forbids:....the abduction or enticement of a child from parent, or from a quardian entitled to its custody." Sate law does, however, permit the taking, enticing, witholding and concealment of a child from a parent with rightful custody if there is a "good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm..."Penal Code 278.7 (a) However, the person who takes or keeps the child must, within a "reasonable" time report what has happened to the district attorney of the county where the child resided before the taking. Penal Code 278.7 (c). The purpose of this ad is to provide general information on the law, which is subject to change.
Always hire a professional Custody Investigator.