Family Law
A child custody investigation is when a licensed private investigator gathers facts about how a parent cares for a child. Who is in the home. Whether visits happen on time. Whether there is drinking or drug use around the child. In New York a PI can watch in public, check records and talk to willing witnesses. A PI cannot enter a home, tap a phone or hack an account. At NYIA, custody surveillance is $240 an hour with one investigator.
At a Glance
- Legal surveillance in public places, never inside a home
- Dated photos, video and a written log your attorney can use
- An investigator who can testify at a custody hearing
- $240 an hour, a five hour daily minimum, and a written estimate first
What a Child Custody Investigation Is
Custody fights are some of the hardest cases in family law. When parents cannot agree, a New York judge decides based on the best interests of the child. A custody investigation gives the court facts, not just one parent’s word against the other’s.
Parents usually call us when they worry about abuse, neglect, drinking or drugs, a risky new partner, or a parent who keeps breaking the custody order. The facts we gather can support a request to change custody, or help your lawyer during a divorce.
A good investigator does not take sides. The job is to find out what is really happening and write it down so it holds up.
How New York Courts Decide Custody
A New York judge looks at the whole picture. That can include which parent has been the main caregiver, each parent’s home and work life, the child’s needs, and whether each parent supports the child’s bond with the other parent. The judge may also order a forensic evaluation by a mental health expert. The child often has a lawyer of their own, called an attorney for the child.
Our job is to add facts the court can trust. Dated photos, a clear log and an investigator who can testify carry weight, because the judge can see how they were gathered.
What a PI Can Legally Do in a Custody Case
Private investigators work under strict rules on privacy, harassment and evidence. Inside those rules, here is what a licensed PI can do.
Surveillance
Surveillance is the most common tool in custody work. A PI can watch and record how a parent behaves with the child, who visits the home, and how the time is spent. It must happen in public or from a place the PI is allowed to be. Watching from a parked car on a public street is legal. Recording inside someone’s home without consent is not.
Background Checks
A PI can run background checks on a parent or on the people spending time with the child. That covers criminal records, past arrests, orders of protection and civil lawsuits. At NYIA a background check is $400, or free when you book surveillance, and a criminal history search is $600.
Witness Interviews
Investigators can talk to neighbors, teachers, coaches and others who see the child’s daily life, as long as those people agree to talk. They often know things about routines and care that no one else will say out loud.
Public Social Media
A PI can collect what a parent posts publicly. Posts showing reckless behavior, drug or alcohol use, or attacks on the other parent can matter a great deal in court. A PI cannot log into a private account or trick someone into accepting a friend request under a fake name.
What Can Be Seen From Outside the Home
A PI cannot go into a private home without consent. But conditions that anyone can see from the street, like signs of neglect or a dangerous setting, can be photographed from a public spot.
A Record of Behavior
We keep a detailed, time stamped log with photos and video. If a parent leaves a child alone, misses a school pickup or spends time with people the court has warned about, it goes in the record.
What a PI Cannot Legally Do
Knowing the limits matters just as much. A licensed PI in New York cannot do any of the following.
- Tap phones. Recording calls or talks you are not part of is eavesdropping, a felony in New York.
- Trespass. Going into a home or onto private property without permission is against the law.
- Hack devices or accounts. No getting into email, social media or bank accounts without consent or a court order.
- Pretend to be someone else. Posing as police or another person to get information is unlawful.
- Harass or stalk. Aggressive, constant pursuit breaks the law and can hurt your case.
Proof gathered the wrong way can be kept out of court and can hurt the parent who asked for it. For more on where the line sits, read how private investigators legally collect evidence in New York.
When to Hire a Private Investigator
- Suspected abuse or neglect. Physical, emotional or sexual abuse concerns need action now. If a child is in danger right now, call 911 first.
- Drinking or drug use. You believe the other parent uses while caring for the child.
- Broken court orders. The other parent ignores the custody schedule or blocks your visits.
- Risky people around the child. A new partner or friend with a criminal past.
- False claims against you. Facts gathered by a neutral investigator can show the court what really happens.
How a Custody Investigation Works With NYIA
- A free, private talk. Tell us what worries you. Have the custody order and visit schedule handy if you can.
- A plan built around the schedule. We focus on the times that matter, like pickups, drop offs and weekend visits.
- A written estimate. You see the cost before any work starts.
- Surveillance and records. Unmarked vehicles, no contact with anyone in the case, and the background checks the case needs.
- Your report. Dated photos, video and a clear log, written for your attorney.
- Court, if you need it. Your investigator can testify at a custody hearing.
What Custody Surveillance Costs
| What you book | Price |
|---|---|
| Surveillance, one investigator | $240 an hour |
| Surveillance, two investigators | $280 an hour |
| Vehicle | $100 a day |
| Daily minimum | 5 hours |
| A standard day, one or two investigators | $1,300 or $1,500 |
| Background check | $400, free with surveillance |
| Criminal history search | $600 |
Most custody cases need a few well chosen days, not weeks of open ended hours. For a full price guide, see what a private investigator costs in New York.
How the Evidence Is Used
What an investigator gathers can be shown in family court to support or answer a custody claim. That might include:
- Photos or video
- Written reports and logs
- Background check records
- Witness statements
A judge may use this proof to change a custody order, limit visits, or in serious cases take custody away. Surveillance proof works the same way in other courts too. See surveillance evidence in civil court.
Choosing the Right Private Investigator
- A license. In New York, check any investigator on the Department of State website. Ours is #11000169770.
- Family law experience. Custody work is different from insurance or corporate cases.
- A good name. Check reviews, and ask whether their investigators have testified before.
- Discretion. Your privacy and your child’s privacy come first.
Keep the Child at the Center
Custody cases are deeply personal. An investigation may turn up painful facts, but its purpose should always be to protect the child. A PI cannot promise an outcome or sway the judge. What a PI can do is give the court reliable facts, and that is often what makes the child’s best interests clear.
If the custody fight is part of a divorce where you also suspect an affair, our infidelity private investigator page explains how that work fits in. For ongoing watch over family and home concerns, see domestic surveillance.
Child Custody Investigation Questions
How much does a child custody investigator cost in New York?
At NYIA, custody surveillance is $240 an hour with one investigator and $280 an hour with two, with a five hour daily minimum and $100 a day for the vehicle. A standard day is $1,300 or $1,500. A background check is $400, or free when you book surveillance. The first talk is free, and you get a written estimate before any work starts.
Is it legal to hire a private investigator for a custody case in New York?
Yes. A licensed investigator can watch a parent in public, check records and talk to people who agree to talk. What a PI cannot do is enter a home without permission, tap a phone, hack an account or pretend to be someone else. We stay inside those lines so the proof holds up.
Can a PI follow my ex during visitation?
Yes, in public. We can watch and document what happens at pickups, drop offs and outings in public places. We keep our distance, never make contact, and never do anything that puts the child at risk or lets the child know we are there.
Will a family court judge accept a private investigator's evidence?
Often, yes, when it is gathered legally and documented well. The judge decides how much weight it gets. That is why we log every time, keep a clear chain of custody, and can testify about what we saw.
Do you handle custody investigations outside New York City?
We work in all five boroughs, Westchester, Rockland and Long Island. If your case is somewhere else in the state, call anyway and David will tell you honestly whether we can take it.
David J. Schassler
Emmy® Award Winning Private Investigator · NYS DOS License #11000169770
David founded New York Intelligence Agency in 1989 and has personally directed every major case since. His investigative work earned a New York Emmy® Award. More about David →
Got it. We will be in touch.
Somebody reads this personally. If it is urgent, call (646) 461-4650 any hour.
Free, Confidential Consultation
When you need answers,