How can investigation help
in a custody or visitation suit?
A judge or jury has wide latitude in deciding conservatorship of minors. The overriding
command is to act "in the best interest of the child." In considering what ultimately
is in the best interest of the child, the court may consider basic environmental
issues such as the lifestyle of the parent, the probable future lifestyle of the
parent and child, threats to the safety, welfare, and physical and emotional well-being
of the child. While an affair during marriage or even dating during the separation
period would not at first blush appear to be an issue that would effect "the best
interest of the child,", when repetitive such activities can be used to show the
probable swinging lifestyle of the parent once the divorce is granted, the interests
and focus of the parent, and the status of the child in the newly single or separated
parent's scheme of things. While the court will be most interested in paramours
and activities in proximity to the child, the court may also choose to look at
an aberrant lifestyle on weekends when the child is not around during the separation
period if such a lifestyle is clearly a precursor of things to come once the divorce,
conservatorship and custody arrangements are finalized. Other issues such as drinking,
parties, live-in or visiting paramours, drug usage, supervision, abandonment,
or acting as a proxy for a grandparent are all issues that may be considered by
the court in determining the proper party to be awarded conservatorship.