Child Custody Investigations
Allen Cowling
Cowling Investigations, Inc.
Although we normally reject
approximately 75% of the requests we receive for child custody investigations, the
ones that we do accept are usually successful. The only reason that we would refuse
any custody case is that the potential client has no real interest in the welfare
of their child and is attempting to use custody only as a means of harassment. A
typical example would be a father, involved in a divorce and mad at his wife,
requesting the investigation to get even with her, so-to-speak. The
life of a child is not a toy or a tool to be used by an angry parent. We take any
custody case very seriously and our main concern is the best interest of the child,
most especially when there is any type of abuse or neglect present.
Also, when considering any child
custody investigation, we carefully discuss all issues with any potential client to
determine if they honestly have the patience, desire and ability to properly
complete the investigation. Although this may appear strange, it is vital to the
success of the case. I have seen far too many people who want an investigation
completed instantly and who are ready to go to trial with very little or no
evidence. Carefully consider that evidence is like a pencil. If you hold one pencil
in your hand, you can easily break it. You could probably break two, three, four or
five, but the fact is, you can continue adding pencils until you reach a point
where it becomes impossible to break them. The same is true of evidence. With very
little evidence, your case can be defeated or broken so the intelligent
avenue is to continue adding evidence until it cannot be defeated. Any parent who
honestly loves their child and puts the child's best interest first will refuse
to accept any less.
If we do believe that a potential
client does not have the patience to properly complete an investigation, we will
not get involved, simply because we must consider what will probably happen to the
child if our client does lose. If a father, our client, loses at trial, who will
the ex-wife take all of her frustrations out on? Most probably the
child.
In addition, there are also other
areas of concern in any custody case. As an example, let's say a father desires
to get his child out of an unfit environment so he begins a custody investigation.
He gathers some evidence and, since his attorney tells him he has a 75% chance of
winning, he files a petition with the Court. Normally, the ex-wife will become
furious and possibly even to the point of filing charges against the father for
sexually abusing the child. Amazingly, any male we impart this to snickers and
responds with, "I'm not worried about anything like that." "It
could not possibly happen to me." Be advised that sexual allegations have
become so common-place today, they have been given a name; The S.A.I.D. Syndrome,
"Sexual Allegations in Divorce," so it can and does happen.
In one case I personally worked, a
father came to us to gather evidence of unfitness on the part of his ex-wife. In
that particular case, there was a mountain of evidence and it did not appear that
the father could not possibly lose, so he filed his petition. Shortly thereafter,
he was visited by the police, arrested and charged with sexually abusing his child.
His attorney laughed about the allegation. He simply said it did not wash, that
anyone with intelligence could see that the allegation was false and that any moron
could see why the ex-wife filed the charges. Well, the jury obviously was not
intelligent, at least by that attorney's standards, because they sentenced the
young man to prison for 15 years. I would strongly recommend that any father, who
finds themselves falsely accused, read The Father
and False Allegations in a Custody Case. There is a great deal of
information on that page that will assist fathers and mothers in custody matters,
even when false allegations of abuse are not an issue. I would also recommend
reading the link, Custody Evaluations. These
evaluations can be critical to a case and you need to fully understand the
concept.
Child custody cases are very
stressful because you are dealing with the life of a child, who normally has no, or
limited, say-so in the matter. That fact alone demands that the evidence gathered
be sufficient to win and that there are no mistakes made while putting the case
together.
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