South Carolina Family Law Blog : Spartanburg Divorce Lawyer & Attorney : Turnipseed, Brannon & Stevens Law Firm : South Carolina Family Law Serving Columbia, Charleston, Greenville, Hilton Head Island

Social media sites can be valuable sources of information in Family Court cases.  Frankly, it is simply amazing sometimes to see the types of information people publish about themselves and their actions on these sites.  However, in today's web-laden society, it's hard to know where to start looking sometimes to find all of a party's networks.

Flowtown can prove useful in helping you identify this type of information.  Here's how it works – simply submit an email address to Flowtown and it generates a report listing every social network it can find with a member using that email address. It works fast, and best of all, it's free!  It can find accounts on Linkedin, Twitter, Facebook, MySpace, Flickr, Plaxo, Classmates, Amazon, YouTube, Pandora, StumbleUpon, and several others.  You can try it out by clicking here.

Source:  "How To Find The Opposing Party on Facebook" by Lee Rosen, published at his Divorce Discourse blog.

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Do you know your spouse?  Do you really know him/her?  Check out the following article to see what a wife learned about her husband through a simple Google search:

Faye Miller was having some marital problems and went to counseling to avoid a divorce. Her therapist suggested she do some digging on the internet concerning her fears about her husband. He was a podiatrist who she thought "was working a lot of hours and away at medical conferences." It turns out he was away a lot given he had 2 other wives, one in California and one in Canada. Her research turned up that the doctor was married to one woman when he married Faye and then married another woman in Canada after they were married. Well, the battle is on. She has filed for an annulment and also seeks child support for their two children. The husband claims it was just a misunderstanding. You can read more about the case here.

Source:  "Google Search Turns Up 2 Other Wives for Husband" by Robert Kisselburgh, published at his Mississippi Family Law Blog.

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Tiger Woods, Sen. John Ensign, the Mayor of Detroit -- all men whose adultery was discovered by text messages to their lovers.  Family law attorneys have seen a rise in the number of situations where a cheating spouse's own text messages tell his/her spouse about the adultery, and that number is expected to continue to grow in the future.

Most people know that email messages remain on their computers even if deleted, but they do not think about text messages in the same way.  A copy of the message remains on the cell phones of both the sender and receiver for at least some period of time, and communications companies retain them for short periods of time.  AT&T says that it keeps its text messages for 72 hours at most, while Verizon claims it saves them for 5 to 10 days.

Of course, younger cell phone users use text messages more than older users, so the number of cases involving this issue is expected to grow. The Nielsen Company reports that text messages now outnumber mobile voice calls three to one.  Monthly text messages sent or received jumped to 584 per person in the quarter ending in September, which is a 60 percent increase from a year earlier.

Source: “Text Messages: Digital Lipstick on the Collar” by Laura M. Holson, published in the New York Times.

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Do you know how much television your kids watch every day?  Do you really?  If your children are in day care, you probably assume that they are doing things like taking naps and learning to play nicely with others, but you might be surprised to learn that many day care centers allow child to spend as much as two hours a day in front of a television.

A study published last week in the journal Pediatrics, "Preschool-Aged Children's Television Viewing in Child Care Settings" by Dimitri A. Christakis, MD, MPH and Michelle M. Garrison, PhD, was the the first to look at TV watching in child care in more than 20 years.  It found that the amount of time children in child care spend watching TV has doubled since the last study, and preschoolers in child care may now spend more than a third of their 12 waking hours each day in front of a TV (when taking into consideration the two to three hours many parents allow at home).

The American Academy of Pediatrics discourages television viewing of any kind in the first two years of life and recommends a daily limit of only one to two hours of quality programming for older children. Children go to day care to develop social skills, build on cognitive abilities and enjoy imaginative play, as well as allowing their parents to work.  Other research has connected excessive TV watching during the preschool years with language delay, obesity, attention problems and aggression.

Source:  "Some Kids See Lots of TV in Day Care" by Donna Gordon Blankinship, published at AOL News.

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If you are wondering whether you need a private investigator to assist with your Family Court case or if you've ever just wondered what they do, you should read "Private Investigations - 101" by Bill Mitchell.  In this article, he discusses the types of inquiries he receives from potential clients and the ways that he assists attorneys and insurance companies.  It is a very interesting, insightful article, which you can read by clicking here.

Source:  "Private Investigations - 101" by Bill Mitchell, published at his Adultery, Infidelity, Affairs, Cheating Spouse, Divorce, Investigations blog.

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Conventional wisdom has always thought that living together before marriage increases a couple's chances of divorce, and several studies have reached the same conclusion.  However, a new study published in the National Council of Family Relations claims that cohabiting allows young people to get to know their potential mates and evaluate compatibility before they commit to marriage.

Pamela Smock, a University of Michigan sociologist and co-author of this study, said "People want to marry, but they aren't going to do it without finding out enough about the person they are thinking about marrying.  They want to find out all the secrets and all the things that might be deal-breakers in order to avoid the risk of divorce."

Source:  "Cohabitating May Not Increase Risk of Divorce" by Kim Kozlowski, published in The Detroit News.

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A recent article discusses the ways that men can be adversely affected by learning that their wife or girlfriend has been cheating on them in the following areas:

• shock can affect performance at work and possibly lead to job loss
• mental stress can make them more susceptible to alcohol or drug abuse
• health risks due to possible exposure to sexually transmitted diseases
• potential financial costs for child support and/or alimony
• risk of unknowingly raising another man's child as your own
• loss of respect from others and/or self-esteem

The author also offers a free report to help recognize the signs of infidelity.  You can learn more about this subject and/or request a copy of that report by clicking HERE.

Source:  "How Men Are Affected by Female Infidelity" by Ruth Houston, published at Examiner.com.

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South Carolina Lawyers Weekly published the following article last month that discussed the types of information that can be found in social networking sites, such as Twitter, Facebook, LinkedIn, and how that information can be used in Family Court cases.  I was pleased to be featured in it, and I hope that you find it helpful.

Divorce Attorneys Are Missing Evidence on Social Media Sites 

The undeniable popularity of Twitter, Facebook, LinkedIn and other social networking sites has opened up a potential treasure trove of legal evidence, especially in divorce cases where a person's whereabouts, "friends," and employment status are often relevant.

But most divorce lawyers are missing the boat.  "So few family lawyers even know to look for it," said Melissa Brown, a Charleston domestic relations attorney who has given seminars on the topic.  "Family law attorneys are really lagging behind other lawyers and judges," agreed Lee Rosen, a divorce attorney in Raleigh, N.C., who authors the Divorce Discourse Blog.

Rosen, who routinely finds evidence on Facebook, said "most cases where there is evidence of adultery quickly settle," such as where a straying spouse posts incriminating photos or wall messages on his or her Facebook page.  In another case Rosen recently tried, a judge admitted evidence that one spouse sent a threatening message in a "friend request" to the other spouse.

And it's not just the other side that lawyers have to worry about.  "Divorce lawyers should give a warning to all of their clients about the dangers of social networking during a divorce action," Brown said.  Brown has sometimes encouraged clients to take down sites entirely, such as one client whose Facebook page included a photo of her and her boyfriend in a hot tub.

Loose tweets sink ships

Personal information from social networking sites runs the gamut.  "In divorce or child custody cases, what we look for is confessions - things they've done, places they've been [and] people they've had their child around," said J. Benjamin Stevens of Spartanburg.

For example, a parent who is restrained from taking a child out-of-state might post photos of visiting Disney World or other vacation destinations with the child.  Or, in a custody case that Stevens handled, a father denied drug use but the background of his MySpace page featured marijuana leaves.

A person's Linkedln profile can contain evidence of earning capacity or job prospects that can be useful in disputes over support payments.  In one case, Rosen cornered a spouse in a deposition who was trying not to pay alimony by claiming he had no real job prospects after being laid off, while his Twitter messages clearly showed he was about to be hired.

Twitter, arguably the most spontaneous of the social networking tools, can be rife with accidental leaks.  "It's so easy. If I'm tweeting from my iPhone I could easily do something I could regret later," Brown said.

Take, for example, the soon-to-be ex-wife of singer Usher who recently tweeted in the middle of her divorce trial that her lawyer was "horrible" and asked where she could find a new one, apparently unaware that she was tweeting to all of her friends and beyond.

"People assume it's all private and they are less cautious about Twitter and Facebook because it's all new and different," said Rosen, who noted that some Facebook users don't pay attention to the privacy settings available and end up posting wall messages that they don't realize are public.

Continue Reading...

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Jeanne M. Hannah has began a new feature at her Updates in Michigan Family Law blog, called "Jeanne's Toolkit", which aims to help both new and experienced lawyers perform certain tasks.  The first tool helps you get to the right desk with requests in any state and at all federal agencies under the Freedom of Information Act (FOIA).

The fact is that family law attorneys often need copies of public records. These can range from police reports to protective service worker's reports to information about a serviceperson in the armed services. The Freedom of Information Act (FOIA) compels the agency or governmental department holding the records to produce them within ten days of the request.

The fastest, easiest way to generate these requests is the FOIA Letter Generator, from the Reporters Committee for Freedom of the Press.  You simply select the appropriate state or federal agency, specify what type of information you are seeking, and it generates the letter for you!

Source:  "Jeanne's Toolbox - FOIA Requests" by Jeanne M. Hannah, published at her Updates in Michigan Family Law blog.

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I have published several articles recently on the subject of cheating, affairs, and marital infidelity.  I recently found the following list of "tell-tale signs" that your significant other is cheating on you.  The list is written with the idea that the male is the cheater, but of course the logic applies in both directions:

1. He won't let you see his social media sites.  Why won't he accept your "friend request" or let you see his/her Facebook, MySpace, LinkedIn, Twitter, etc. page?
2. He only wants to go to new or different places with you, instead of going places that his friends and colleagues are.  Is he afraid to bump into someone that knows what's going on?
3. He doesn't seem to have any friend of the opposite sex.  The article says that if no woman is willing to vouch for your man, then it may be a red flag.
4. He never answers the phone when you call.  You might receive calls, texts, etc. from him, but if he never answers your calls, it could be due to his being with someone else.
5. He only wants to see you at odd hours and/or frequently cancels dates at the last minute. 
6. You never go back to his place – ever.
7. He has things in his home that seem out of place.  For instance, does he have things that seem to be more feminine? Have you seen  pictures of another woman or maybe feminine hygiene products?

Source:  "Nine Signs He’s A Cheater" by Simcha Whitehill, published at The Frisky.

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Lawyers USA featured an article late last week about the types of information that can be found in social networking sites, such as Twitter, Facebook, LinkedIn.  The article correctly states that these sites have opened up a potential treasure trove of legal evidence, especially in divorce cases where a person’s whereabouts, “friends” and employment status are often relevant.

Lee Rosen, Melissa Brown, and I were all quoted in this article about the ways that family law attorneys are effectively using these sources of information on their client's behalf – and also the ways that other attorneys are not.  If you are facing a divorce or child custody case, or if you are an attorney who handles these types of cases, you should read this article. 

My quotes are listed below:

“In divorce or child custody cases, what we look for is confessions - things they’ve done, places they’ve been [and] people they’ve had their child around,” said J. Benjamin Stevens of Stevens - MacPhail in Spartanburg, S.C.

For example, a parent who is restrained from taking a child out-of-state might post photos of visiting Disney World or other vacation destinations with the child.

Or, in a custody case that Stevens handled, a father denied drug use but the background of his MySpace page featured marijuana leaves.

A person’s LinkedIn profile can contain evidence of earning capacity or job prospects that can be useful in disputes over support payments.

Source: "Divorce Attorneys Are Missing Evidence on Social Media Sites" by Sylvia Hsieh, published at Lawyers USA.

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When divorced parents live close to each other, it's usually easy to determine where to meet to exchange the children. What happens when the parents live far apart, perhaps hours away from each other? If the parents can agree on an area in which to exchange the child, what type of place should they actually meet?

Fortunately, there is MeetWays, an online resource that helps people easily find a halfway point between two locations. You simply enter the addresses and a point of interest, and MeetWays does the rest, providing both the halfway point and places of interest in that vicinity. This site can help resolve countless headaches for parents when trying to decide where to meet for visitation exchanges.

Source: "Parents Meeting at the Halfway Point" by Lee Rosen, published at his Divorce Discourse blog.

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The increased use of social media has brought with it some interesting ethical questions for attorneys.  For instance, consider the question of whether a lawyer can use a third party to obtain information from or about a witness on a site like Facebook or MySpace?  The Philadelphia Bar Association’s Professional Guidance Committee issued an opinion in March that says the answer is "no."

While the information on someone’s Facebook profile is discoverable, a lawyer cannot try to access that information through deception.  If the attorney wants to see what a potential witness says to personal contacts on his Facebook or MySpace page, he has one good option -- just ask for access.  You can download and/or read the full text of Opinion 2009-02 of the Philadelphia Bar Association’s Professional Guidance Committee by clicking HERE.

Source:  "Attorney Can’t Ask 3rd Party to ‘Friend’ Witness on Facebook, Opinion Says" by Martha Neil, published at ABA Journal online; and "Ethics and Facebook" by Doug Cornelius, published at his Compliance Building blog.

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In Family Court cases, it is often necessary to locate or get information about someone, whether a spouse, boyfriend/girlfriend, witness, expert, employer, etc. The internet has made this task much easier, but there are so many different search engines, where should you begin?

Lee Rosen recommends the people search engine Pipl. This resource enables you to do lookups by name, email address, username, or phone number, and it can be incredibly helpful when doing research about someone. What's nice is that it pulls all of the information together into a nice report, and the best part is that it's free!

Source: "Pipl.com - The Most Comprehensive People Search on the Web" by Lee Rosen, published at his Divorce Discourse blog.

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The following Guest Post is from Julie Thompson:

Earlier this month Good Morning America presented a report called “Do You Need a Marital Checkup?”  It cited the research of James Cordova, Ph.D., associate professor of psychology at Clark University in Worcester, Massachusetts. Cordova said that an annual marriage checkup is the marital health equivalent of the annual physical or the every six-month dental visit.  Like a tiny dental cavity you can’t see, “so much is what is predictive of a deteriorating relationship is difficult for the couple to detect.” That’s where the checkup comes in.

• A couples communication workshop introduces communication tools that help couples to improve their emotional connection. They learn to listen with empathy, reduce misunderstanding, and resolve conflict in healthy ways. 
• A relationship assessment from PREPARE-ENRICH can help couples to identify strengths and areas needing growth. 
• A coaching session helps couples set goals for improvement in their relationship, and provides support and accountability for making healthy changes.

 

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These days, it seems as though people are increasingly putting themselves online.  On sites such as Facebook, MySpace, and Twitter, they regularly publish information about their personal and professional lives, many times in intimate detail.  As Dan Berexa recently pointed out in "Social Networking Sites Can Provide Key Evidence" on his Tennessee Law Blog, these sites "can be treasure troves of evidence relating to parties or witnesses. The photos, videos or written posts placed on a social networking site can devastate a case."  

In many cases, people simply don't think about the potential consequences of publishing such personal information online, and they never consider that it may later be used against them in Court. In Family Court cases, one's personal conduct is always a pertinent issue, and a litigant can really damage his/her case by making statements about marital infidelity, substance abuse, or admissions of other types of questionable conduct.  In fact, I've been able to use this type of information very effectively in several of my cases. Blake Boyd discussed a similar situation in "Using Social Networks to Gather Evidence" on his Trial Technologist's View blog.

Anne Reed has published a comprehensive guide to these sites,  "A Trial Lawyer's Guide To Social Networking Sites", on her Deliberations blog.  I believe that this guide is very helpful, whether you are a novice who wants to explore these resources or a tech expert who simply wants an one-stop listing of these sites.  This guide is divided into the following categories:  Basic social networking sites; Ethnic and special-interest communities; Blogs; Microblogs; Blog/social network hybrids; Business sites; Niche communities; Sharing sites; Bookmarking sites; Games; Second Life; Contests; Comments; Forums; Groups; Getting personal; and Websites.

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Noted private investigator, Bill Mitchell, Seven Day Detective, published an article last week explaining ten clues that can indicate that your spouse may be having an online affair.  I have listed Bill's tips below, but you should click the link below to visit his blog for much more information about each of these items:

1. If your spouse or partner spends excessive time surfacing the internet.
2. Are passwords, instant message “buddy lists”, internet email accounts and emails concealed - even protected from you!
3. If your partner abruptly shuts off the internet and/or computer when you approach.
4. If the computer and monitor are always positioned to avoid your scrutiny.
5. If internet history is cleared every day, including chat sessions, instant messaging or your spouse downloads software that automatically rids this information.
6. Finding computer use after you go to bed, when you fall asleep or in the middle of the night?
7. Your Spouse exhibits a compulsive need to be online and seems defensive when confronted to stop.
8. Your spouse shares personal information, photos or events with strangers online.
9. Plays online games and frequents “personals” chatrooms.
10. Exhibits the eight warning signs illustrated in “The More You Know – Getting the evidence and support you need to investigate a troubled relationship.”

Source:  "Online Affairs – 10 Clues You Must Know to Recognize Them" by Bill Mitchell, Seven Day Detective, published at his Adultery, Infidelity, Affairs, Cheating Spouse, Divorce, Investigations blog.

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Question:  I want to file a contempt action to prove that someone is violating a Court Order.  If I have someone take pictures to help prove this violation, does that person have to be a licensed private investigator?

Answer:  Evidence of a violation of a court order can come from anyone with first-hand knowledge.  If photos are being used for that purpose, the person taking them can introduce them at a hearing, and that person is not required to be a licensed private investigator. 

However, if the person has any bias at all (such as being a friend or family member), then his/her credibility can be questioned and possibly compromised.  When you use a private investigator, then his objectivity will not be questioned, as he is simply "doing his job." 

Also, since a private investigator is essentially a professional witness, you will typically get better (i.e. more helpful) evidence than a non-professional would get.  For instance, taking photographs in low light situations is difficult, and knowing what type of information the Court wants to see can make a big difference.

If you need more information, you can read the following articles that I've written about using private investigators in Family Court:

• Using Private Investigators in Family Court Cases
• Surveillance on Your Spouse
• What Can a Private Investigator Do For You?
• How to Hire the Right Private Investigator
• Hiring a Private Investigator for Your Divorce, Child Custody, or Visitation Case

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Adultery is still one of the leading causes of divorce in South Carolina, and many of these affairs begin online.  Noted private investigator Bill Mitchell has published an article discussing the following 10 Clues of An Online Affair:

1. Your spouse or partner spends excessive time surfacing the internet.
2. Passwords, instant message “buddy lists”, internet email accounts and emails are concealed or even protected from you.
3. Your partner abruptly shuts off the internet and/or computer when you approach.
4. The computer and monitor are always positioned to avoid your scrutiny.
5. The internet history is cleared every day, including chat sessions, instant messaging, or your spouse downloads software that automatically rids this information.
   
6. Your spouse uses the computer after you go to bed, when you fall asleep, or in the middle of the night.
7. Your Spouse exhibits a compulsive need to be online and seems defensive when confronted to stop.
8. Your spouse shares personal information, photos or events with strangers online.
9. He/she plays online games and frequents “personals” chatrooms.
   
10. Your spouse exhibits the eight warning signs illustrated in “The More You Know – Getting the evidence and support you need to investigate a troubled relationship.”

Please note that these above-listed items are discussed in much more detail in Mr. Mitchell's article.  If you suspect that your spouse may be having an online affair (or if you know someone else in that situation), please check out his article for yourself.

Source:  "10 Clues of An Online Affair - Catch A Cheating Spouse!" by Bill Mitchell, published at his Adultery, Infidelity, Affairs, Cheating Spouse, Divorce, Investigations blog.

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The Spartanburg County Detention Facility recently introduced a new feature on its website to enable anyone to search its online records (including mug shots) of its inmates. You can search alphabetically or by booking date. These records are updated regularly, and they are searchable back to September of 2007, whether the inmate is currently incarcerated or not.  You can visit the Jail's website by clicking HERE.

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A researcher has found that young female lawyers and other women professionals have slightly higher divorce rates than their male counterparts.

Law professor Robin Fretwell Wilson of Washington & Lee University is the author of the study. She says her study indicates that "women can't have it all because there is a social stigma to having or being a stay-at-home spouse."

Wilson spoke with the Wall Street Journal about her findings, based on her analysis of 100,000 young professionals in business, law and medicine. She found that 10 percent of women with law degrees were divorced, compared to 7 percent of male lawyers.

Wilson’s study, which will be released next week, also found that female professionals are up to three times more likely to remain unmarried than men.

Economist Sylvia Ann Hewlett, who conducted research on high-achieving women in 2001, theorizes that highly educated women have higher divorce rates than their male counterparts because they are attracted to successful men, and can’t give these men the care and support they need.

Hewlett has this advice for well-educated, high-earning women: Look for a husband who is particularly loving and supportive.

Source:  "Women Lawyers Have Higher Divorce Rates, Need Loving Husbands, Researcher Says" by Debra Cassens Weiss, published in the ABA Journal Weekly Newsletter.

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The South Carolina Bar's Law Related Education Division has launched LawForKids.org, America's first stand alone web site dedicated to teaching children about the law.  The Site was made possible by collaboration with the Arizona Foundation for Legal Services and Education and an IOLTA grant from the SC Bar.  The specific goal of this site is educating children, their parents, communities, and schools to increase their knowledge about youth laws and to encourage law-abiding behavior.  You can visit the site by clicking HERE.

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A new study is challenging the notion that parents who divorce exhibit a diminished capacity to parent in the period following divorce.  This large study conducted by the University of Alberta has found that divorce does not change parenting behavior, and that there are actually more similarities than differences in parenting between recently divorced and married parents.

Source:  "Parenting Practices Don't Suffer During Divorce, According To Large Study" published at ScienceDaily.  Thanks to the Kramer Vs. blog for its post on this subject.

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Bill Mitchell, Seven-Day Detective, recently stressed the importance of having the necessary proof to win your court case.  He emphasized the importance of being able to actually prove your case when you get to court.  In any contested case, "time is of the essence and how you deal with your suspicions is absolutely critical."  His article reminds everyone that the Court realizes that the testimony of a party and his/her family is biased and that friends may not know how to obtain the most helpful evidence.  He also advises that you choose your experts carefully and carefully check their credentials.  You should read Mr. Mitchell's article for more helpful information on this subject.

Source:  "Signs of Affair Never Win in Court! Get the Proof Instead!" by Bill Mitchell, posted at his Adultery, Infidelity, Affairs, Cheating Spouse, Divorce, Investigations blog.

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The American Bar Association's Section of Family Law publishes charts in its Family Law Quarterly which summarize the basic laws in each state by topic, including custody, alimony and grounds for divorce.  These charts are current as of November 2006, and they are useful as a quick reference to both attorneys and clients.  Charts are available on the following subjects:

• Alimony/Spousal Support Factors
  
• Custody Criteria
  
• Child Support Guidelines
  
• Grounds for Divorce and Residency Requirements
  
• Property Division
  
• Third-Party Visitation
  
• Appointment Laws in Adoption, Guardianship, and Parentage Cases
  
• Download All Charts

Source: Thanks to John Harding for his article on this subject published at his California Divorce Blawg.

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I have previously posted several articles which address the importance of finding hidden assets in divorce cases (here, here, here, here, and here).  Michael Sherman published the following insightful article on this subject last week which puts a personal spin on this issue:

In your divorce case, you may hear your lawyer talk about the "discovery process."  Discovery is essentially the legal process by which lawyers can obtain information necessary for your case (such as assets, debts, income, and other factual information).  This often will involve written requests to your spouse to produce certain documents, a request for them to file written answers to the lawyer's written questions (called interrogatories), subpoenas for documents from banks, credit card companies, etc.

Often lawyers will use multiple methods of discovery in an effort to obtain complete information.  I have had clients ask me not to pursue discovery for fear of the costs that would be incurred.  This is often short sighted.  An example from a recent case I had is instructive.

I was representing a wife in a divorce case.  The husband had complete control of all of the finances and the wife was not even aware of all of the assets.  Through the discovery we sent to the husband he produced a spreadsheet that he claimed were the assets.  The wife was surprised at the amount of assets that were disclosed.  They were much more than she thought they had.  But, the husband showed what he claimed to be the fair market value and the loans owed on them.  In all, he showed a net equity of less than $500,000.  It was more than the wife suspected, but something told me it was less than it should be.  So, we subpoenaed his bank records.

The bank produced documents to us that included the husband's loan application and the net worth statement that he provided to the bank.  And, you've probably guessed the punch line - the net worth statement he provided to the bank included assets that he had not disclosed on the financial statement he provided to us, and the values were higher.  In all, the difference was that he showed a net worth on the financial statement provided to the bank that was nearly $2.5 million dollars - increasing the marital estate for the divorce judge to divide by about $2 million!

My client now understands it was to her benefit to make sure we did a thorough job of discovery.  Obviously this example (though completely true) is not what usually happens - at least not to this degree.  But, the lesson is a good one - make sure that your lawyer does a thorough job of discovery.  And, make sure that you let him.

Source:  "Discovering Hidden Assets" by Michael Sherman, published at his Alabama Family Law Blog.

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Technology is changing the way that people divorce.  In the old days, if you suspected your spouse of being unfaithful, you would hire a private investigator, who would follow your spouse to see exactly what he/she was up to. 

Today, there are many options available to those who suspect their spouse may be cheating.  For instance, The New York Times published an article that looked at digital evidence, such as email messages, history of Web site visits, and cellular telephone records.  Better private investigators now frequently use GPS tracking systems to gain information to aid in their surveillance.

Parties sometimes even use somewhat "questionable" methods of obtaining information about their spouses' activities, such as hacking into email accounts, loading spy software onto computers, and/or placing recording devices on phone lines.  I should point out that these types of methods could result in liability for criminal prosecution and should therefore be avoided.

In my practice, I have noticed that cheating spouses will often take steps to attempt to cover their tracks.  For instance, they may clear their call histories on their cellular phones, delete their internet history, delete emails from both their inbox and trash folders, and/or change their passwords on various accounts.

Resourceful attorneys can issue subpoenas to obtain the opposing party's cellular telephone records, credit card records, and even bank account records to help uncover an unfaithful spouse's activities.  I regularly discuss these types of issues with my clients in certain types of cases, and these methods can yield fruitful results.

If you want more information on this topic, you should read "Tell-All PCs and Phones Transforming Divorce" by Brad Stone, published in The New York Times.  As mentioned above, this article gives several real world examples of how parties and attorneys are dealing with these evolving technology issues in divorce cases.

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Cheating spouses now have one more way to get caught in their philandering.  Electronic toll collection systems are emerging as a powerful means of proving infidelity.  Attorneys can obtain records from these services and use that information to prove that a spouse was not where he/she claimed to be. 

The Associated Press reports that agencies in seven of the twelve states surveyed indicated that they would provide electronic toll information in response to court orders in criminal and civil cases, including divorces.  Even if the state agency refuses to provide the information, it can frequently be obtained from the other spouse through the normal discovery process.

Source:  "Toll Records Trip Up Philanderers" by Chris Newmarker, published at The Huffington Post.

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This is the twelfth installment in the excellent series of posts by Michael Sherman of the Alabama Family Law Blog on the steps to take when it becomes apparent that a divorce may be imminent.  His series takes an honest, practical approach in showing people how to protect their interests and make prudent preparations in such a situation.  Here is Step 12 - Consider Hiring a Private Investigator:

We continue our series on practical steps to consider when you are facing an imminent divorce.  We are now on to Step 12 - Consider hiring a private investigator.

Alabama law does consider “fault” when deciding how to divide property in a divorce.  Additionally, depending on the facts, adultery can affect custody determinations.

If your spouse is committing adultery, then you are better off having proof of it then not.  This is the case even where you fully intend to settle your case.  In fact, often having proof of an affair is what gets the case settled at terms that are fair to you.

It is not fun to find out your spouse has cheated, and you may be like many of my clients who have said they would rather not know.  But, you should think carefully before making that decision.  Talk to your lawyer.  Assuming you’ve chosen a good one, listen to their advice.  If you are going to get proof of it, now is the time.  Your lawyer should be able to talk to you about the costs involved (it is not cheap) and how to improve your chances of making the surveillance effective, should you choose to go that route.

Source:  "Step 12 - Consider Hiring a Private Investigator" by Michael Sherman, published at his Alabama Family Law Blog.

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Lifehacker.com, the outstanding software and productivity blog, recently published an article describing several free online resources to assist in finding public records information online.  Among the categories discussed in this article are:

• Vital Records
• Phone Books
• Professional Licenses
• Criminal Records
• Obituaries
• Military Records
• Immigration Records
• Other (Google and Zabasearch)

These resources can prove valuable when trying to locate or obtain information about a party or witness in a Family Court action.  In cases where clients have limited financial resources, utilizing these sites can sometimes avoid (or reduce) the need for a private investigator.

Source:  "Where to Find Public Records Online" by Wendy Boswell, published at Lifehacker.com.

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Experienced family law attorneys know that it is sometimes necessary or desirable to hire other professionals to assist with particular issues in domestic cases.  Of course, the types of professionals  and tasks to be performed will vary, depending on the issues involved in each specific case.  Other professionals commonly used include:

• The professionals most commonly used in Family Court cases are private investigators.  Not only can these professionals be very helpful in obtaining information about a spouse’s misconduct, they can also help with many other types of issues, such as child custody and visitation cases.
• Mental health counselors are also helpful in many cases. These professionals can include psychiatrists, psychologists, licensed social workers, and custody evaluators.  Their services provided range widely and include psychological evaluations, anger management, conflict resolution, child counseling, domestic violence, and parenting issues.
• If parties cannot agree on the value of an asset, it may be necessary to hire an appraiser. Typically, the first type of appraiser that comes to mind is a real estate appraiser. However, there are also professional appraisers who can value anything from antiques, equipment, furniture, or collections to retirement accounts.
• Accountants are used in many Family Court cases when difficult financial issues arise. The most common areas in which an accountant can be beneficial are (a) determining the income of a self-employed individual, (b) valuing a retirement account, and (c) determining the value of a business entity.

If any of these issues arise in your family law case, your attorney will generally be able to refer you to a qualified professional.  Our firm, like most attorneys, strive to do everything we can to ensure that our clients receive excellent service, not only from us, but also from the other professionals with whom we work.

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I recently represented a man in a contested divorce and child custody case.  The facts were strongly in our favor, partially due to the woman's questionable conduct during the marriage.  During the trial, things continued to go in our favor and against the woman, and it was obvious to everyone in the courtroom that her frustration level continued to increase.

Upon direct examination by the woman's attorney, she began to list her many complaints against my client.  After several minutes of this, she proclaimed that he was "the devil."  She paused for a moment, and she then said that the person sitting beside him (me) was "the devil" too. 

Now, I have been called many names during my professional career outside of court.  In fact, I dare say that I have been called pretty much every name under the sun.  Practicing in an adversarial system, people typically either love me or hate me -- depending on whether they were my client or the opposing party.  However, this was the first time that I have been called a name like this on the record. 

Of course, word has quickly spread of this new moniker, and I had another attorney greet me last week by stating "well, if it isn't the devil himself" (followed by a quick grin and chuckle).  I have warned the court reporter that she might be inundated with requests for that portion of the transcript.  My wife has also enjoyed this new "title" for me at home as well.

When the trial judge was announcing his decision at the end of the trial, he listed the wife's demeanor during trial and her obvious intense hatred of her husband as reasons that he awarded custody to my client.  In fact, the judge stated that he believed that if custody was awarded to the wife, she would take steps to insure that the children were alienated from their father and that she would work to destroy their relationship with him.

There are two morals to be learned from this story:

1. Your bad actions and/or misdeeds can (and usually do) come back to haunt you at trial.  I typically advise my clients to assume that they are always being recorded and not to do or say anything outside of court that they wouldn't want the judge to see/hear.
2. Even if things go against you during trial, you should remain calm, cool, and under control.  It will never benefit your case to call the other party names from the stand.  Instead, it will almost always backfire and result in you looking worse in the judge's eyes.

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Bill Mitchell, Seven-Day Detective, says that the most commonly asked question he receives from potential clients is whether they should confront their spouses?  He doesn't recommend such confrontations, and he believes that such conversations are usually not productive because "cheating spouses lie."

Mr. Mitchell recommends that his clients pay particular attention to the spouse's activity and actions.  In other words, watch your spouse's behaviors rather than hearing verbal messages.  He also suggests analyzing records like phone bills, which can help convey a story and often give clues to either the identity of your spouse's paramour or days and times that your spouse is with that person.

Source:  "ADULTERY - Stop Asking Questions!" by Bill Mitchell, posted at his Adultery, Infidelity, Affairs, Cheating Spouse, Divorce, Investigations blog.

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In several cities throughout South Carolina (including Spartanburg), an outfit called “A Divorce Fast” is advertising legal services in the attorney listings in the Yellow Pages.  Apparently, this company provides draft legal forms to the public for a fee, but it is not affiliated with any law firm and employs no lawyers.  The worst part is that the Clerks of Court do not accept those documents as a valid filing, which means that consumers are being bilked out of their money with nothing to show for it.

The South Carolina Bar is supporting pending legislation (H. 3274) which would, among other things, make the unauthorized practice of law a civil cause of action.  I understand that this bill is scheduled to be in front of the House full Judiciary Committee tomorrow, but that it is meeting  with some resistance by the realtor and banking communities.  One would hope that our legislature would take this important step to assist the Bar in helping to protect consumers in South Carolina from unscrupulous companies such as “A Divorce Fast."

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Certain divorces or other family cases can benefit from the use of a private investigator.  Investigators can be very helpful in obtaining documentation regarding lifestyle, assets, income, roomates, friends, paramour and parents, including their criminal history, work history, demonstrating hidden affluence, locating and interviewing witnessess, and obtaining information regarding abuse or neglect.

The best way to select and hire an investigator is to find someone referred to you by a lawyer.  You can also look in the yellow pages, and remember that these investigators typically do more family work.  You should insist on an investigator who is licensed by the South Carolina Law Enforcement Division.  Beyond that, there are several advanced certifications which may distinguish one investigator from another, such as the national designation of Professional Licensed Investigator (PLI) or Certified Legal Investigator (CLI).

When hiring a private investigator, costs are always a consideration.  Costs for a private investigator in South Carolina can vary widely, but they are typically in the $50 to $75 per hour range.  You have the right to a written contract at the time you are contracting the service.  The average for an infidelity surveillance typically run about $1,500 to $2,500 to have a real chance of likely success.

In every family law case, whether divorce or child custody/visitation case, there are issues of both law and fact.  Private investigators can help make the facts become clearer.  Solid, verifyable facts can affect the outcome of cases. Even the greatest attorney in the world wants facts on their side, and hiring a private investigator may be the best way to get those facts brought to light.

Source:  This article was adapted from the article "Hiring a Private Investigator For Your Texas Divorce or Texas Family Law Case" by Sean Y. Palmer, published at his Texas Family Law Resource blog.

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A recent study by the National Institutes of Health found that children who had quality child care before kindergarten had better vocabulary scores by fifth grade, but the more time they spent in child care, the more likely their sixth grade teachers were to report problem behaviors.  As expected, the children's parents’ guidance and their genes had by far the strongest influence on how children behaved.

You can read much more about this study at the following links:

• Study of Early Child Care and Youth Development by the National Institute of Child Health and Human Development 
• "Poor Behavior Is Linked to Time in Day Care" by Benedict Carey, published in The New York Times
• "Study Links Child Care to Acting Out" by Kevin Freking, published by the Associated Press

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Parents are moving today more than ever.  In fact, I receive calls almost every week about these "parental relocation cases."  One of the (many) issues that the Court considers in such cases is the quality of the schools in each location. 

Fortunately, it is now easier than ever to find out necessary information about educational institutions located far away, thanks to Yahoo Real Estate.  This free service allows you to research both public and private schools in any state by city name or even by zip code.

The information provided includes contact information, enrollment, student to teacher ratio, and location on an interactive map.  There are also reports available on the school's test scores, students, and teachers.  This resource can prove extremely helpful as a starting point when a child's eduction is at issue, and I urge you to check it out.

Source:  "Find School Info With Yahoo School Search" by Wendy Boswell, publishd at LifeHacker.

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Just this past week, attorney Daniel C. Nunley of Tulsa, OK began publishing the Oklahoma Family Law Blog.  One of his first posts addresses what to do if you suspect your spouse is cheating.  Mr. Nunley recommends that spouses who find themselves in that difficult position take the following steps:

1. Consider hiring a private investigator to confirm or dismiss your suspicions.  Not only can proof of adultery be used as a ground for divorce, but it also affects other issues from division of assets and debts to child custody to attorney's fees.  Mr. Nunley also recommends that you not try to hire the cheapest detective you can find and that allow your attorney to help you find a qualified private investigator.
2. Visit your family doctor and get tested for sexually transmitted diseases.  This is great advice, which is often overlooked in such situations.  You should realize that you have no idea of the sexual history of the person with whom your spouse is having a sexual affair.  If you have been exposed to a STD, the sooner you can begin treatment.  You may have additional causes of action against your spouse for exposing you to a STD, and you should discuss that possibility with your attorney.
   

Of course, I concur with this excellent advice.  If you haven't already added his blog to your newsreader, you should consider doing so because it already has several interesting and helpful posts.  The South Carolina Family Law Blog welcomes Mr. Nunley to the blogosphere, and I hope he keeps up the great work.

Source:  "2 Things to Do If You Suspect Your Spouse is Cheating" by Daniel C. Nunley, published at the Oklahoma Family Law Blog.

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One of the questions that family law attorneys are frequently asked is whether telephone calls can legally be recorded.  One might think that this is a relatively simple question, but the correct answer is not always apparent and often depends on many factors.  Also, it is important to note that the wrong answer may result in criminal charges. 

For those reasons, it is extremely important that you discuss these issues thoroughly with your attorney before attempting to record any such calls.  If you are interested in getting general information on this topic, you can read A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C. from The Reporters Committee for Freedom of the Press.

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Healthcare questions frequently arise in Family Court cases.  The topics can range from sexual health to substance abuse (alcohol and/or drugs) to emotional health to relationships to general health.  Fortunately, there is a free online resource, which can assist both parties and their attorneys with such issues.

Go Ask Alice! is an online health question and answer service provided by Columbia University's Health Promotion Program.  Anyone can anonymously submit questions, which will be answered by Columbia University health educators, health care providers, and other health professionals, along with information and research specialists from health-related organizations worldwide.  You can also search the existing archives for answers to previously submitted questions.

Source:  "Go Ask Alice for Medical Advice" by Rick Broida, published at Lifehacker.

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Results from the South Carolina Bar’s 2006 Judicial Evaluation Survey have been released. The survey rates 49 judges on the Court of Appeals, Circuit Court, and Family Court, as well as Masters-in-Equity, on professional attributes. Results are available online HERE.

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Last week, attorney Sheryl Schelin of Myrtle Beach, SC launched The SC Consumer and Bankruptcy Blog, which will focus on the following areas of law:  Credit and Collections Law, Bankruptcy Law, Identity Theft, Unfair and Deceptive Acts and Practices, Lemon Law, and Financial Services and Debt Management.

Ms. Schelin's blog is now the fourth legal blog in South Carolina, joining Dave Swanner's South Carolina Trial Law Blog, my SC Family Law Blog, and Bill Watkins' South Carolina Appellate Law Blog.  I welcome her new blog to the blogosphere, and I look forward to following its development over the coming months.

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The National Law Journal reports that a recent survey by Ian Best of the 3L Epiphany blog found there were 32 blog citations in 27 court decisions in the last two years. The article's author stated that legal blogs have "come into their own in recent years among lawyers who use them to share with peers the latest developments in legal specialties."

The most noted citation found by Mr. Best was that of Justice John Paul Stevens in his dissent in an important sentencing decision, U.S. v. Booker, 543 U.S. 220 (2005), which cited Ohio State law Professor Douglas Berman's Sentencing Law and Policy blog.

The most recent citation appears to have been on July 31, 2006, where a 9th U.S. Circuit Court of Appeals dissent by Judge Diarmuid O'Scannlain in Harper v. Poway Unified School Dist., 445 F.3d 1166, cited commentary on law Professor Eugene Volokh's blog, The Volokh Conspiracy, on viewpoint discrimination and the First Amendment.

There are many "scholarly" blogs out there, and I believe that these citations indicate that the Court is beginning to realize the excellent work being done on these blogs, especially those by law professors. I anticipate this trend continuing, with citations to blogs becoming much more frequent in the future.

Source: "Judges Cite More Blogs in Rulings" by Pamela A. MacLean, published at The National Law Journal (subscription required).

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Whether it is called a "questioning" (as in Canada) or a "deposition" (as here in South Carolina), the process can be quite intimidating.  Most people are not used to being placed under oath and asked very personal, difficult questions about themselves and their family unit.  If you do not know what to expect and/or are not prepared, it can be a disaster -- both for you and for your case.

Fortunately, help is available.  Your attorney should spend time with you prior to the deposition to explain the process, tell you what to expect, and answer your questions.  You can also use these eight excellent tips from the Ottawa Divorce Blog to help you survive and even succeed at your deposition:

1. Give Precise Answers. If you’re asked how much you earned last year, give a dollar figure. Don’t explain why it was higher or lower than usual, or that it included a bonus. If someone is holding a pen and you’re asked “Do you know what this is?” the correct answer is “yes” not “a pen.”
2. Tell the Truth. Don’t try to outsmart your spouse’s lawyer. Not that your spouse’s lawyer is smarter than you, but they’ve been through this a lot more than you have.
3. Prepare in Advance. Ideally you’d review every document that has been produced in your case. At a minimum, you should be familiar with your financial statement and all the pleadings. Take the time to have your lawyer do a mock questioning of you.
4. Anything You Say Can and Will Be Used Against You. Remember that your questioning can only be used by your spouse’s lawyer to help your spouse’s case. Your lawyer can’t use your questioning to help you. So, don’t worry about trying to argue your case. Just answer the questions you’re asked.
5. “I Don’t Remember” is a Dangerous Answer. Think long and hard before you answer a question with “I don’t remember” (or even “I don’t know”). The problem is that you can be sure your spouse will have a vivid memory of everything you forget. Even if what your spouse says is completely made up, you’ll have a hard time convincing a judge otherwise, because you’ve already sworn that you don’t remember.
6. You’re Not Stupid. Often a lawyer will use unfamiliar terms, sometimes purposefully to confuse you, but oftentimes simply out of habit. If you don’t understand what you’ve been asked, get it clarified. No one will think less of you if you do this, and you may be saving yourself from answering the wrong question.
7. Your Lawyer Can Only Help So Much. Your lawyer’s role is mainly to ensure that you’re not asked inappropriate questions. So, there may be large periods of time when all your lawyer seems to do is sit there and listen.
8. Don’t Answer Until the Question is Asked. In normal speech, we often start talking once we know what the other person is going to say. At questioning this is a problem, as a reporter will need to write down what two people are saying at once. It’s a good idea to speak loudly and clearly as well so that the reporter correctly records what you say.

Will you still be stressed even if you do all the above? Yes, and you probably won’t sleep well the night before, and after your questioning you’ll probably think of all sorts of better answers you could have given. That’s normal and happens to everyone. But if you keep these tips in mind, your questioning will go a lot more smoothly.

Source:  "How To Succed At Your Questioning (Examination for Discovery)" by Jeffrey Behrendt of the Ottawa Divorce Blog.

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The Memphis, TN Daily News recently published an article, "Who's Your Daddy? It's Easier to Find Out Than You Think" by Andrew Ashby. This article contains a good discussion of modern DNA paternity testing, including the process and costs involved.

The article also references a company called TestExpress, which offers such tests for as little as $200 to $250 for a "non-legal test" to $525 for a test which includes a chain-of-custody form. This form is a legal document that shows when and where the sample was collected in case it's used for evidence at a hearing.

Source: Post by Stephen C. Knight at the Tennessee Divorce and Family Law Blog.

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Michael Sherman of the Alabama Family Law Blog recently answered this question as follows:

If one spouse in a divorce case wants to have the other spouse tested for drugs, they can file a motion and the Judge will decide whether to grant the request. Generally speaking, if custody or visitation is an issue, and there is some reason for suspecting abuse, the Judge will grant the request and require the drug test.

One warning that I give all my clients is that if they request a drug test, assume that the other side will also request one of them and that the Judge will order both parties to be tested. Too frequently I have had my own clients tell me they wanted their spouse tested and that they didn't mind taking a drug test themselves because there was no way the wouldn't pass it. Then inexplicably (the client is always shocked) their spouse passes and they fail.

Do not put yourself (and your lawyer) in that position. In our jurisdiction the Courts are requiring hair follicle tests which purportedly are more accurate and test back farther in time. Whether that is true or not, you don't want to test positive for drugs on the drug screen that you demanded be taken! Of course, the best advice here (particularly if custody of children is at issue) is that if you are using drugs, you don't need to have custody of your children. Or, the converse, if you want custody of your children, do not be using drugs.

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Once you have made the decision to hire a private investigator, how do you go about it? AskMen.com published an article which wisely recommended the following steps: (Note: I have included excerpts from their article and my comments as well.

1. Where to look
   

   
   AskMen: Your best bet is to ask someone you trust wholeheartedly for a referral; the last thing you need is word getting around that you've hired a detective. If no one in your immediate circle has had to hire a gumshoe, you can always fall back on the Yellow Pages or the Internet. Keep in mind that you're best bet would be to hire a detective that is located in the area in which the search is going to occur.

   Stevens: Your attorney is almost always the best to ask which private investigator to use. If your attorney is experienced in family law cases, he will most likely have worked with all of your local investigative firms. He knows which firms do the best work and which are the easiest to work with. For instance, you can have a fantastic investigator who does a terrific job on your case, but it is virtually worthless to you if your attorney cannot get the necessary information from him when it is needed.

2. License status

   AskMen:

   • Besides Alabama, Alaska, Colorado, Idaho, Mississippi, and South Dakota, all other states require that private investigators have a license issued by the government. The requirements to obtain such a license are usually quite rigorous and demand that the licensee has no criminal record. PIs must also pass state-specific tests to gauge their qualifications and experience. Some states, such as California, even demand that applicants have a minimum experience of three years in law enforcement.

   • Once you've located a detective you want to hire, ask to see his license and write down the number. It is illegal for a person to act as a private investigator without a license -- it's also illegal for you to hire an unlicensed person. It's definitely not worth the hassle. If the guy refuses to give you his number, walk away. Licenses for private dicks are public record so you can check the validity of your PI's license number quite easily. What you need to do is call your state's licensing authority. When you call, make sure the license hasn't expired, that the name provided matches your investigator's, and ask to see if any complaints have been filed against him.

   Stevens:

   • In South Carolina, private investigators are required to be licensed by the South Carolina Law Enforcement Division (SLED). "Private investigation business" is defined as engaging in business or accepting employment to obtain or furnish information with reference to the: (1) identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (2) location, disposition, or recovery of lost or stolen property; (3) cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; or (4) securing of evidence to be used in a criminal or civil proceeding, or before a board, an administrative agency, an officer, or investigating committee. (South Carolina Code Section 40-18-20)

   • The better private investigators in our state are members of SCALI, the South Carolina Association of Legal Investigators. For over twenty years, SCALI has worked to (a) promote & maintain the highest ethical practices in the profession of Private Investigations, (b) Further the spirit of cooperation & mutual assistance among Investigators, (c) further a mutual feeling of goodwill & friendship among Investigators, (d) monitor & take action on any legislation that may effect our profession, and (e) upgrade the professional standards of our organization and it's Members through continued education. You can visit SCALI's website to view their Code of Ethics, member directory, and other helpful information.

   • I agree with AskMen that you should verify the credentials of any investigator unless the investigator is someone that your attorney or you personally know. It is rare that some unscrupulous person would pose as a private investigator, but it is not unheard of. It certainly is not worth spending your money or risking your case on anyone less than an excellent investigator.
     In South Carolina, violation of the provisions of the above-referenced S.C. Code chapter is a misdemeanor and can result in a fine of up to five thousand dollars, up to one year in jail, or both. (South Carolina Code Section 40-18-150)

3. Insurance coverage

   AskMen: Although this may seem like a trivial, administrative nitpick, bonding and liability insurance coverage is one of the main elements you should lookout for when hiring a PI. Many jurisdictions insist that the licensee be covered by a policy covering a certain amount of money, since it's there to protect clients. It's also an interesting way of telling amateurs apart from professionals. Investigators who are serious about their trade have, for the most part, coverage as high as a million dollars. Since this coverage is also public record, you can make certain it exists.

   Stevens: All professionals should carry adequate insurance for their activities. The failure to do so may indicate that the company is a "fly by night" organization. Most top quality private investigators maintain over a million dollars in liability coverage. While South Carolina does not require private investigators to maintain liability insurance, they do require them to post a ten thousand dollar bond with the South Carolina Law Enforcement Division, and the bond must be issued by a surety insurer licensed to transact surety insurance in SC. (South Carolina Code Section 40-18-70(B))

4. Interview

   Now that you know the investigator is street legal, you need to make sure he's competent. A few minutes spent talking with him can be enough to make a sound decision.

   • Media attention
     

     
     AskMen: First of all, look for newspaper clippings or references on the Internet about him to see if he's been in the news. However, don't dismiss the person just because the media hasn't talked about him yet; he may willingly be keeping a low profile.

     Stevens: The best private investigators will generally have been publicly recognized for their work and their expertise. Among the private investigators that I regularly recommend, one has been featured numerous times on the local news and another has been featured on national talk shows. They were selected for this media attention because of their excellent work over many years. However, there is a fine line that investigators must walk with regard to media attention, and there can be too much of a good thing in that regard. For instance, if you have someone conducting surveillance on your spouse, you would hate for your spouse to notice the person because he/she was recently featured in the media. However, a quality investigator will be mindful of this aspect and will take steps to be as discreet as is necessary.

   • Specific experience

     AskMen: Because each case is different, ask if he has any experience with the type of investigation you're hiring him for. For example, if you need to have your cousin located and the PI is an expert at surveillance, he may not be the right man for the job.

     Stevens: Domestic cases are different from other types of cases and they can require more specialized techniques form the investigators. Following a cheating spouse can be a tricky business, especially if that spouse suspects that his wife might be aware of his affair. Investigative work in custody cases is that much more complex, because getting proof of the very unique circumstances that might be involved will take extra attention to detail to be done effectively.

   • Special skills

     AskMen: In addition to being licensed, your investigator may have another certification. For instance, the National Association of Legal Investigators awards a CLI (Certified Legal Investigator) certification to experts in that field. Detectives specializing in fraud get a CFE (Certified Fraud Examiner) certification, which is granted by the Association of Certified Fraud Examiners.

     Stevens: Depending on the needs of your particular case, it might be worthwhile to find an investigator with more specialized training. However, in the family law area, this is normally not required.

   • Business ethics

     AskMen: Call your local Better Business Bureau or State Attorney General's office to make sure there haven't been any consumer complaints against your investigator or his agency. You should also be blunt and ask your private eye if he provides, and abides by, a confidentiality agreement. You definitely don't want your private information and investigation results being sold to a rival.

     Stevens: The South Carolina Law Enforcement Division has rigorous requirements for obtaining and maintaining an investigator's license in South Carolina, and it handles all complaints against investigators' licenses. SLED's requirements dictate whether written contracts are required, the length of time that records must be maintained, etc. Also, members of the South Carolina Association of Legal Investigators must adhere to their strict Code of Ethics. Finally, the Better Business Bureaus in South Carolina are also a good resource, and several of the agencies enable online searching of their records.

   • Final questions

     AskMen: Ask any questions you feel are relevant. At any point, if you don't feel comfortable with this person, excuse yourself and leave. As a good indicator of his ethics and proficiency level, ask about how the detective has gotten into this line of work. Also, don't be taken aback if the detective asks you questions. He has to protect himself, and ensure that you're not hiring him to do something illegal.

     Stevens: I have previously posted about the importance of feeling comfortable with your attorney, and some of those same considerations do apply to the investigator complex, albeit to a much lesser degree. The other issues discussed in this article are far more important than how charming he/she may be, how plush his/her office might be, or whether he/she has a secretary. You should keep in mind that you are hiring the investigator to perform a specified task for you, whereas your attorney oversees all aspects of your case and also be mindful that you will have much more contact with your attorney than with your investigator.

5. Hiring process

   AskMen:

   Satisfied with your investigator, you're ready to hire him. The finishing stage is about the discussion of payment. In this industry, the accepted method of billing consists of an hourly rate ($45-$60 US), plus job-related expenses like airline tickets, hotel fees, and long-distance calls.

   Some detectives are open to working for a flat fee, in which you must provide a deposit. If the person is quite experienced, he may be able to give you an estimate as to how much it'll cost you when all is said and done.

   You're better off asking for an estimate regardless, so as to avoid being taken for a ride. Be prepared to pay no matter what; if your girlfriend isn't having an affair after all, you won't be getting your money back!

   Stevens:

   With regard to finances, you typically want to know the following items before signing a contract to hire an investigator:
   

   • Hourly rate, amount required to be paid upfront, and estimate of total fees;
     
   • Number of investigators who will be used on your case;
     
   • What "other expenses" will you have to pay over and above the hourly rate;
     
   • Under what conditions (if any) the investigator will exceed the estimate;
     
   • What you should do (and not do) to assist the investigator during the investigation;
     
   • Estimated length of time to complete the work on your case.

Source: "How To: Hire A Private Investigator" By Steve Richer published at AskMen.com.

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When you think of "private investigators," what comes to mind? Dick Tracy? Charlie's Angels? Mangnum, PI? Real-life private investigators bear little resemblance to their Hollywood counterparts. Instead of cruising around in helicopters and leading the glamorous life, most investigative work is done behind the scenes.

AskMen.com published an article which contained some good, practical information about private investigators, including the types of following matters that private investigators can help you with:

• Locating people or objects

  Want to find out what your old high school buddies are up to? Did a client who owes you money skip town? A good private investigator can find just about anyone, or even anything for that matter. If your valuable coin collection is stolen and the police aren't doing much, a private eye might be able to help.

• Performing background checks

  Whether you're about to enter a business relationship with someone and you want to see if they have a checkered past, or you're about to lease out your house and want to find out if the new tenant is trustworthy, PIs can get you the information you need.

• Setting up surveillance

  If you're certain your employees are stealing from you, a detective can set up a camera network to find out the truth, or even follow the subjects to their hideout. You might also need this type of service to verify the veracity of a person's statement. What if the person who is suing you for personal injury isn't injured at all? Setting up surveillance cameras in your house for security purposes is also right up their alley.

Source: "How To: Hire A Private Investigator" By Steve Richer published at AskMen.com.

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Today, I am pleased to present the conclusion of yesterday's "guest post" from noted private investigator and author, Bill Mitchell: "Is Your Spouse Cheating Online?"

6. Clears all Internet history after chat sessions and/or usage or installs software to automatically rid this information.

There are times when a computer becomes filled with unwanted files. Computers run faster when less "temporary" files use up valuable "RAM memory." This is prudent maintenance for any computer user. What I am referring to in this sign is the repeated habit of purposefully clearing information from discovery. While this information is retrievable through the science of Computer Forensics, you won't find it readily available. On the market now is software that actually helps the cheater. The actual purpose of this new software tool is to hide any trace of computer internet usage. Do you find this a little suspicious? I do.

7. Exhibits a compulsive need to be online and seems defensive when confronted to stop.

"When are you coming to bed?" "We really need to go, now, what's taking so long?" "Can't you do that later?" Have you asked these types of questions? Teenagers often become "obsessed" with instant messaging. If you have kids who use the computer, you know. They have trouble walking away from the PC. This same desire or need displayed by your spouse is cause for alarm. A compulsive, defensive pattern of behavior shows a strong need to continue. You need to know why.

8. Shares personal information, photos or events with strangers in emails, chatrooms, or while instant messaging.

Setting up a profile for instant messaging is commonplace. Kids love to fill them up and share with friends on the buddy list. I've witnessed spouses who send nude pictures of themselves over the Internet. They share very personal information that should be reserved to the marital home. Maybe it's time to track this information with software that collects this data. Today more courts are allowing emails and computer usage data as evidence. It's advisable to consult an attorney in your state beforehand!

9. Plays online games and frequents "personals" chatrooms.

This is where it starts. Play a few games, win or lose, but then we need to chat. Well, if chatting is fine, why not include your spouse? You can't, so why do it?

10. Exhibits the eight warning signs illustrated in The More You Know--Getting the Evidence and Support You Need to Investigate a Troubled Relationship (available here).

Thirty plus years of investigative experience is poured into this new release. It's a "must have" resource guide for every woman's personal library.

#169; Copyright Bill Mitchell 2005. All rights reserved.

William F. (Bill) Mitchell, Jr., Seven-Day Detective, is an internationally renowned author who is recognized for his practical, solution-based investigative strategies to marriages facing infidelity. As a recognized expert on infidelity and child custody, Mr. Mitchell appears regularly as a guest expert on TV and national talk shows including Dr. Phil, Today Show, and The Early Show. He has been interviewed by numerous publications including Chicago Tribune, Esquire, Ladies Home Journal Online, and PI Magazine. Mr. Mitchell is the author of two books including Adultery: Facing Its Reality and The More You Know - Getting the evidence and support you need to investigate a troubled relationship.

Mr. Mitchell is a licensed private investigator in South Carolina. He was formerly licensed in New Jersey, New York, Pennsylvania, Maryland and District of Columbia. His education includes training by the Department of Defense, Dektor Counterintelligence, New Jersey State Police, and various insurance claims organizations. Mr. Mitchell is a member of National Association of Investigative Specialists, Alliance of Investigators and Security Specialists, Carolina Organized Retail Theft Task Force, and Piedmont Claims Association. Mr. Mitchell, Seven-Day Detective, received a Bachelors Psychology from Mt. St. Mary's University. He lives in Greenville, South Carolina with his wife, three daughters, and a son.

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It is with great pleasure that I give you part one of another "guest post" from noted private investigator and author, Bill Mitchell:

"Is Your Spouse Cheating Online?" by Bill Mitchell

It's obvious online affairs are prevalent today, so what can you do? This epidemic is causing the breakup of countless marriages. How do you know if your spouse is violating the marriage vows by carrying out an online affair? Let's look at typical indicators I personally discovered while investigating affairs. If your marriage is in trouble, these clues will help you be the judge. Caution: These clues are not confirmation of an affair; just feasible indicators for you take into account.

1. Your spouse or partner spends excess time online.

Who doesn't use a computer today? I know a few people. They are excellent for paying bills, staying in touch with family, friends, customers, finding street locations, and a host of other productive endeavors. We can not live without them and shutter when a lighting storm threaten our usage. Just look at kids and their instant messaging. They will go without dinner just to keep in touch with their circle of friends. Try to pull them away, it's no easy task. Does your spouse resemble your kid's magnetism to the computer? Discover why this need is so powerful before it's too late.

2. Passwords, instant message "buddy lists," Internet email accounts, and emails are concealed and even protected from you!

Do you find your spouse needing his "own space" at the computer? Is there a real reluctance when you ask to know his passwords? What's there to hide? These questions all have obvious answers. The act of hiding information is deceptive by nature. Of course, those of us who have worked in "Corporate America" understand the need to protect company secrets. But what legitimate "family secret" are we hiding? Listen, any time a spouse becomes secretive with you, it fulfills a direct need they demonstrate. Why? You are like the judge, referee, or source of authority creating that "sense of accountability" over them. Furthermore, they are breaking matrimonial law if committing adultery. There is, in many courts, a price to pay!

3. Computer use after you have gone to bed, when you fall asleep, or in the middle of the night.

Have you been awaken by the absence of your spouse at night and found her or him at the computer? If this behavior becomes a pattern, you certainly need to be concerned. While work demands a sense of commitment and loyalty, working late repeatedly after you have fallen asleep is a little odd.

4. Your partner abruptly shuts off the internet and/or computer when you approach.

This is panic and unexplainable behavior. The rationalization is "when all other contingency plans fail, just shut that thing off and don't get caught." This foolish act is also called a "computer crash" and has the potential of damaging both hardware and software. The loss of files can occur when a computer is cut off abruptly. Many spouses have reported this behavior just prior to hiring us. We consider it a significant indicator of a deviant behavior. Now, bear in mind your spouse may be viewing pornography and fear reprisal. This may explain the need for panic.

5. The computer and monitor are always positioned away from your sight.

The study of body language has become useful to many investigators, especially those of us who administer lie-detection examinations. An obvious sign of deception and a common mistake the cheater makes is blocking your view. They need the time to clear a screen, turn off the monitor, or change to another Internet page when threatened with exposure. Intentionally turning the monitor or laptop away from view is an indicator they don't want you to see something. Over time, this act develops into a habit and confers greater freedom from detection. In most instances, having the lead time to hide the truth from you is all they need.

To Be Continued ....

#169; Copyright Bill Mitchell 2005. All rights reserved.

William F. (Bill) Mitchell, Jr., Seven-Day Detective, is an internationally renowned author who is recognized for his practical, solution-based investigative strategies to marriages facing infidelity. As a recognized expert on infidelity and child custody, Mr. Mitchell appears regularly as a guest expert on TV and national talk shows including Dr. Phil, Today Show, and The Early Show. He has been interviewed by numerous publications including Chicago Tribune, Esquire, Ladies Home Journal Online, and PI Magazine. Mr. Mitchell is the author of two books including Adultery: Facing Its Reality and The More You Know - Getting the evidence and support you need to investigate a troubled relationship.

Mr. Mitchell is a licensed private investigator in South Carolina. He was formerly licensed in New Jersey, New York, Pennsylvania, Maryland and District of Columbia. His education includes training by the Department of Defense, Dektor Counterintelligence, New Jersey State Police, and various insurance claims organizations. Mr. Mitchell is a member of National Association of Investigative Specialists, Alliance of Investigators and Security Specialists, Carolina Organized Retail Theft Task Force, and Piedmont Claims Association. Mr. Mitchell, Seven-Day Detective, received a Bachelors Psychology from Mt. St. Mary's University. He lives in Greenville, South Carolina with his wife, three daughters, and a son.

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Over the past few months, I have gotten to know private investigator extraordinaire Bill Mitchell, who today has the distinct honor of making the first "guest post" on my blog. This post is very insightful, and I hope you will enjoy it. Without any further adieu, here it is:

"DENY, DENY, DENY THE AFFAIR -- Take action and get the bottom of an affair with these Ten Valuable Steps!" by Bill Mitchell.

For almost forty years I've heard this theme played over and over again, like a top 40 hit. As an investigator I heard clients tell this almost everyday. Here's what they tell me? "My husband says he's not seeing someone." But he can't explain exactly where he was last night. Not only that, his clothes seemed of ladies perfume. The golf clubs are clean as a whistle but he claims to have played around with buddies from work.

This is a typical scenario for the private investigator's initial consultation. I'll open a file, ask lots of questions, and notes but all often hear this reoccurring theme. They ask for the truth but never get it. So where does that leave you? Are chasing down dead-ends? What can you do for yourself and not turn up empty handed like my clients?

What do they deny?

1. Where they have been without you.
2. Why they need to be alone.
3. Any details to support their activities.
4. If they are cheating.
5. If they are having sex with someone else.
6. How long they have been in an affair.
7. Any truthful information about their secret life.

So what can you do to overcome these obstacles?

The first rule I insist upon is: "Stop asking questions."

Why? It is instinctive behavior to deny the facts, especially when they tell the truth. If you believe you can ask pointed questions of a cheater and receive volumes of incriminating information - forget it. This scenario only happens in fiction novels. The last time I faced a murderer offering to help that would get to him a fair trial, he lied. The last time I conducted a lie detection exam for a suspecting employee in a theft case, he lied to me. The last time I asked an insurance fraud scam artist to confess, he lied.

The second rule is: "Get organized."

You can help yourself by organizing your information. Start with a diary. Using a daily journal is very helpful. Focus on excuses, times, events, days of the week, or any tidbits of information you come across. Include what you heard, saw or discovered each day. This is called "layering".

Third Rule is: "Search for obvious clues."

Places to look are in your records of credit charges, phone bills, gas card charges, check accounts, savings accounts. Too often early discover of an affair slips away because spouse feel like spying is wrong. Adultery is wrong so feel justified if you need to look.

Fourth Rule is: "Track mileage daily."

Our society is driven and so are cheating spouses. They rendezvous. Trips to and from work, church, play or illegitimate activities reveal the length incurred. Take advantage of this simple step. Take the time to record in your daily or another form of record keeping vehicle usage. It's a great short cut!

Fifth Rule is: "Look for Deceptive Behavior."

As a general rule, most cheating spouses exhibit deceptive behavior. They make the simplest tasks same so complicated. A trip to store takes excessive amount of time. No receipt, no proof of purchase, and lots of excuses.

Sixth Rule is: "Remove any weapons from the home."

Emotions never run any hotter than during an affair. Cheating spouses may turn on you like a flash fire. Handguns are the deadliest enemy you could face so hide them.

Seventh Rule is: "Analyze your financial exposure and end the risks."

Cancel credit cards, lines of credit or any form of financial risk you might incur until things settle down. You can notify in writing those institutions you feel might burden you with bills never consented to.

Eighth Rule is: "Act as if nothing is wrong, but encourage counseling."

Just remember counseling will fail if your spouse is dragged there. In fact you might even find this option a pre-destined failure if your spouse is looking for a way to show you how.

Ninth Rule is: Don't try to stop the affair- look to prove it."

Proof dictates the future in most relationships. When you know all the details, denial anticipated, a cheating spouse is a captive audience. Seek this empowerment wholeheartedly to end the deception. When you have facts your choices are numerous.

Tenth Rule is: "Plan for the worst, but hope for the best!"

Optimism is the best policy to employ given the circumstances. You may be wrong and seemingly obvious affair may have never happened. Be careful to keep a positive attitude or you may compounded the problems in your life.

#169; Copyright Bill Mitchell 2005. All rights reserved.

William F. (Bill) Mitchell, Jr., Seven-Day Detective, is an internationally renowned author who is recognized for his practical, solution-based investigative strategies to marriages facing infidelity. As a recognized expert on infidelity and child custody, Mr. Mitchell appears regularly as a guest expert on TV and national talk shows including Dr. Phil, Today Show, and The Early Show. He has been interviewed by numerous publications including Chicago Tribune, Esquire, Ladies Home Journal Online, and PI Magazine. Mr. Mitchell is the author of two books including Adultery: Facing Its Reality and The More You Know - Getting the evidence and support you need to investigate a troubled relationship.

Mr. Mitchell is a licensed private investigator in South Carolina. He was formerly licensed in New Jersey, New York, Pennsylvania, Maryland and District of Columbia. His education includes training by the Department of Defense, Dektor Counterintelligence, New Jersey State Police, and various insurance claims organizations. Mr. Mitchell is a member of National Association of Investigative Specialists, Alliance of Investigators and Security Specialists, Carolina Organized Retail Theft Task Force, and Piedmont Claims Association. Mr. Mitchell, Seven-Day Detective, received a Bachelors Psychology from Mt. St. Mary's University. He lives in Greenville, South Carolina with his wife, three daughters, and a son.

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Does a non-custodial parent have the right to get a copy of his/her child's school records? The answer is unquestionably yes -- under both state and federal law. Unfortunately, not all schools seem to know (or be willing to acknowledge) these important statutes, and many regularly

South Carolina Code

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The investigators at Carolina Investigations, Inc. wrote the following article, which is a must-read if you suspect your spouse of being unfaithful.

An Overview of Spousal Surveillance

Investigating a cheating spouse is a delicate matter. Several important factors need to be considered before hand to help increase the odds of getting the proof you are seeking and to ensure that what the investigator finds is going to meet your needs.

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In order to discover the essential components of effective joint custodies, Chris Hahn wants to interview parents who participated in a physical joint custody for at least five (5) years, with the physical time having averaged at least 30/70. Chris has had difficulty Identifying qualified participants. If you can help, please contact Chris directly at cph@2chahn.com.

Background on this project from Chris:

Divorce casts a shroud over the children of divorce. Except in the case of abuse, violence, and other high conflict situations parents should make every attempt to stay together for the sake of the kids. But when divorce has already happened or is unavoidable what is the best custodial arrangement for each unique family? Unfortunately there is a dearth of good inside-the-custody data, especially about joint custodies.

All families have distinctive environmental variables that favor different custodial structures. For some families joint custodies offer solutions to some of the most damaging aspects of divorce, but joint custodies have unique challenges. What is it that makes a long-term joint custody possible? We don't know -- this why I am doing my dissertation research on the characteristics of long-term physical joint custodies.

Thanks to Elizabeth Marquardt at the Family Scholars Blog for her post on this project and good luck to Chris on the research project.

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Today's private investigators are nothing like the caricatures portrayed in the movies of yesteryear -- no trench coats, fedoras, or dimly lit rooms. Now, private investigators utilize modern technology and work in the background. In fact, the best investigators are the ones that are invisible. Utilizing the services of an investigator can be one of the best moves a client can make to help his/her family court case.

So what services can a private investigator provide to help in family court matters? Evidence of misconduct can be obtained via surveillance in divorce cases and in child custody cases. This surveillance can be done in person, or through modern technology, via GPS tracking, and can find evidence of things such as: adultery, drug activity, child neglect, and other misconduct. Investigators can also discover assets, conduct background checks, and even obtain cell phone records.

How do you find a qualified investigator?

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