Child custody investigations at a glance
- What it is: lawful fact-finding on how a child is actually cared for, documented for a parent and their family-law attorney.
- Florida's standard: equal time-sharing is presumed to be in the child's best interests, and that presumption can be rebutted with evidence tied to the factors in s. 61.13, F.S..
- Methods: surveillance from public places, public-records and background research, publicly posted online content, and interviews with willing adult witnesses.
- Never: recording conversations without every party's consent, trackers on anyone's car, trespassing, or pretexting for records.
- You receive: time-stamped photos and video, a chronological written report, and testimony if the case needs it.
- Licensed: Florida agency license A1800135, veteran-led, English and Español.
A custody dispute turns on what a judge can see: who shows up for exchanges, what happens during the other parent's time, and whether a worry you have lived with for months can be shown to someone who has never met your family. We gather those facts lawfully and quietly, in a form your attorney can present. Sometimes the work confirms a concern; sometimes it shows a child is well cared for, which is worth knowing before a hearing too.
What does a child custody investigator actually do?
A custody investigator is a licensed private investigator who documents facts relevant to a parenting or time-sharing decision. The goal is an objective record, not an opinion about which parent is better: an investigator with no stake in the outcome separates what is happening from what each parent fears is happening.
Who hires a custody investigator, and when does it make sense?
Parents hire us directly, and family-law attorneys bring us in to support a client's case. Common reasons include:
- Substance use. A parent who drinks or uses drugs during time-sharing, or drives with the child after drinking.
- Supervision. A young child left alone or not taken to school.
- Who is around the child. A new partner, roommate or caregiver whose background is unknown or worrying.
- Schedule and living situation. Missed exchanges, a child handed off to others for most of a parent's time, or claims about where a parent lives that don't match reality.
- Safety concerns. Allegations of abuse or violence that need documenting, or that one side says are untrue.
Call before a hearing date forces the pace, so surveillance can be planned around the schedule. If a child is in immediate danger, call 911 first; an investigation is no substitute for emergency help.
How does a Florida court decide time-sharing?
Florida's parenting and time-sharing law is section 61.13, Florida Statutes. It starts from a rebuttable presumption that equal time-sharing is in the best interests of the child (s. 61.13(2)(c)1), unless the statute provides otherwise or the parents agree to a different arrangement. To move away from an equal schedule, a parent needs evidence tied to the best-interest factors in s. 61.13(3). The factors where lawful investigation most often helps are:
- (f) The moral fitness of the parents.
- (g) The mental and physical health of the parents.
- (m) Evidence of domestic violence, sexual violence, child abuse, child abandonment or child neglect.
- (n) Whether a parent knowingly provided false information about domestic violence or abuse.
- (q) Each parent's demonstrated capacity and disposition to keep the child's environment free from substance abuse.
Observable facts also bear on honoring the schedule (a), delegating parenting to third parties (b) and shielding the child from the litigation (r). That last factor cuts both ways: a parent who enlists a child to spy on the other household can hurt their own case.
How does a custody investigation work?
- Confidential consultation. You explain the concern, the current schedule or order, and what you have seen. We say plainly whether an investigation can answer it, and coordinate with your attorney.
- A plan tied to the schedule. Coverage is built around specific periods, such as the other parent's weekends, pickups or exchanges, with the staffing and documentation each needs.
- Lawful observation. Investigators watch and record from public places: where the child is taken, who is present, how long the child is left with others, and conduct that is openly visible. We do not approach or question the child.
- Records and background research. We search court records through the county clerk, criminal history through FDLE, the Florida sexual offender registry, and other public sources on a parent, a new partner or a caregiver. School and medical records are not public records, so we do not obtain them; your attorney can request those through the court process.
- Witnesses and online content. We interview willing adults and preserve public posts through a social media investigation.
What a Florida PI can and can't legally do in a custody case
Investigators are licensed under Chapter 493, Florida Statutes by the FDACS Division of Licensing. The license carries no police powers, and in a custody case crossing a line can get evidence excluded and damage the parent who hired the investigator.
What we can do
- Observe, photograph and film a parent's conduct that is visible from a place where we are lawfully present.
- Research public court, criminal and property records, and run lawful background checks on the adults around your child.
- Capture publicly posted photos, posts and check-ins before they disappear.
- Interview adults who choose to speak with us, and testify to what we saw.
What we never do
- No secret recordings. Intercepting a private conversation or call requires the prior consent of all parties (s. 934.03, F.S.), and doing it without that consent is a third-degree felony. That includes a recorder in a child's backpack or a listening app on a child's tablet. Under s. 934.06, F.S., no part of an unlawful interception, and no evidence derived from it, may be received in evidence.
- No trackers. s. 934.425, F.S. makes it a crime to install a tracking device or app on another person's property, or to use one to learn their location, without consent. An investigator is exempt only where the client would be, and consent is presumed revoked once a married spouse files for dissolution. The narrow exception for parents of minors is subject to custody conditions and does not reach the other parent. We place no devices on anyone's vehicle.
- No trespassing. We do not enter the other parent's home, yard, car or posted property (s. 810.08, F.S., s. 810.09, F.S.). Living conditions are documented only from lawful vantage points, or with the consent of the person entitled to give it.
- No pretexting. Obtaining someone's calling records by false statements is prohibited (s. 817.484, F.S.), and federal law bars obtaining bank customer information the same way (15 U.S.C. § 6821).
- No harassment or order violations. Conduct that causes substantial emotional distress and serves no legitimate purpose can be stalking (s. 784.048, F.S.), and assisting a court-order violation is grounds for discipline (s. 493.6118(1)(k), F.S.). We work within any injunction or order in place.
Will the evidence hold up in a Florida family court?
No statute makes investigator evidence automatically admissible; the Florida Evidence Code applies to it like anything else:
- Relevance. Evidence tending to prove or disprove a material fact is relevant (s. 90.401, F.S.), and relevant evidence is generally admissible (s. 90.402, F.S.).
- Fairness. A judge may exclude relevant evidence when its probative value is substantially outweighed by unfair prejudice, confusion or needless repetition (s. 90.403, F.S.).
- Authentication. Photos and video must be shown to be what they claim to be (s. 90.901, F.S.). The investigator who captured them can testify to when, where and how.
- Hearsay. Out-of-court statements offered for their truth are generally inadmissible (s. 90.802, F.S.), but a party's own statement offered against that party is an exception (s. 90.803(18)(a), F.S.). What the other parent openly says or posts can matter for that reason.
- Illegal recordings. Anything intercepted in violation of Chapter 934 is excluded outright, along with evidence derived from it (s. 934.06, F.S.).
For how surveillance fits into a family case once it is filed, see our guide to surveillance evidence in a divorce.
What goes into the report?
- A chronological log of each period observed: times, addresses, vehicles and who was with the child.
- Time-stamped photographs and video tied to entries in the log.
- Records findings, each with its source, so your attorney can obtain certified copies.
- Facts, not opinions. The report describes what was seen; it does not diagnose or argue.
How long does it take, and what affects the cost?
We do not publish a price list, because every custody matter is scoped on its own facts. What drives time and cost:
- How many periods need coverage. Two or three weekends of time-sharing is a very different engagement from months of monitoring.
- Staffing. Following a car with a child in it through Miami traffic may take more than one investigator.
- Research depth: one new partner, or several adults in a household.
- Travel to another county or out of state.
- Court needs: deposition or hearing testimony adds hours.
Florida resources for parents in a custody case
- The Florida Courts Family Court Self-Help page and the Supreme Court-approved family law forms.
- Miami-Dade family matters are part of the 11th Judicial Circuit; case records are searchable through the Miami-Dade Clerk's civil, family and probate search.
- No lawyer yet? The Florida Bar Lawyer Referral Service.
Why parents and attorneys choose us
- FL Agency License A1800135
- Veteran-Led
- Bilingual: English & Español
- ★ 4.9 from 88 Google Reviews
Verify our license on the FDACS agency search. Attorneys at firms including Morgan & Morgan, Cornish Hernandez Gonzalez, Asilia Law, Goldberg & Rosen and Scheer Legal have recorded testimonials about working with us: watch the attorney testimonials. Everything you share stays confidential; Florida treats a licensee's unauthorized release of client information as grounds for discipline (s. 493.6118(1)(e), F.S.).
Related services
Planned, documented observation for family and legal matters.
When a separation begins with questions about a partner.
GPS, recordings, phones and records under Florida law.
Lawful checks on a new partner, roommate or caregiver.
Preserving what a parent posts publicly.
How we support family-law counsel.
Investigaciones de custodia explicadas en español.
Available across Florida
Our office is at 4000 Ponce de Leon Blvd, Suite 470, Coral Gables, and our investigators travel where the case goes.
Miami Private Investigations