Wilmington Child Custody Investigator

“I think GPS trackers are a wonderful tool, because people need to know what’s really going on before they make a life decision. I don’t know why you wouldn’t want to know the truth before making any decisions,” says Gilchrist.
July 9, 2018
Wilmington Child Custody Investigator

Custody investigations are difficult and you need the best help you can obtain to ensure your children’s safety and security.

Child custody investigations take dedication

If you ask James Gilchrist, he’s simply the best private investigator there is. After all, child custody investigations takes dedication and a lot of intuition. With a background in law enforcement and over twelve years investigative experience, Gilchrist prides himself in being able to think outside the box and accomplish seemingly impossible things, all while maintaining a level of ethical behavior that garners him respect in the industry.

“I need to have this mentality that I’m the best. I’m always saying to myself that if nobody else can do this, I can, because I want the attorney and the client to rest assured that if I get on the stand to testify, I’m going to know everything there is to know, and the other side is going to be blown away,” says Gilchrist.

GPS trackers allow investigators to conduct surveillance

Gilchrist considers GPS trackers to be one of the most important tools in his private investigative work. The use of GPS trackers allow investigators to conduct surveillance and gather useful information without being detected, all while still remaining extremely cost effective to clients.

“One GPS can give us the same information as if we had hired 3 investigators to follow one person around 24 hours a day, 7 days a week,” says Gilchrist.

Using a self-enclosed, metal box container, Gilchrist can place a GPS tracker on a vehicle that provides location data up to every ten seconds. The trackers allow Gilchrist to monitor the travels and whereabouts of any car as it drives along public roads or is parked in public places. The information these trackers provide can be critically important in cases concerning alimony, child custody, harassment, or alienation of affection.

“I think GPS trackers are a wonderful tool, because people need to know what’s really going on before they make a life decision. I don’t know why you wouldn’t want to know the truth before making any decisions,” says Gilchrist.

The art of dumpster diving

Another investigative technique that Gilchrist has mastered is the art of dumpster diving. Although he’s the first to admit that the actual act requires little skill, knowing just what to look for in a mound of someone else’s trash takes experience and grit.

“If you’re trying to prove cohabitation of somebody of the opposite sex living in the house, and you’re going through the recipes and see they bought animal crackers, cleaning products, and then they also bought Old Spice…well who’s wearing the Old Spice? Or maybe you know he drinks a certain style of beer or wine, and then you see another brand on the receipt – those sorts of things can absolutely raise suspicion and are beneficial when you find them,” says Gilchrist.

Trust no one

Gilchrist believes that it’s his job as a private investigator to trust nobody, and to think that anybody can do anything. Yet to him, the work he does daily for his clients doesn’t really feel like work at all.

“I enjoy this too much to call it work. The most rewarding thing in this job is to get things right. Anything other than the truth in the courtroom just makes the whole system corrupt. That’s why it’s so important to me to be able to help make sure that a child is going to be with the right parent, because of the truth.”

How to Preserve Digital Evidence So a NC Judge Will Actually Use It

How to Preserve Digital Evidence So a NC Judge Will Actually Use It

North Carolina trial judges are cautious about digital evidence. Screenshots can be fabricated, modified, or taken out of context. To get digital evidence admitted under North Carolina Rule of Evidence 901 (Authentication), you must establish its authenticity, completeness, and chain of custody.

Raw Screenshot vs. Forensic Capture

Steps for Lawful, Admissible Digital Evidence Preservation

  1. Capture Complete Screenshots with Context: Do not crop out battery bars, network indicators, contact names, dates, or timestamps. Capture the full conversation thread leading up to and following the key statement.
  2. Export Native Files and Metadata: Where possible, export thread logs directly to PDF or native format (e.g., .eml files for email, .vcf or full carrier logs for SMS). Ensure EXIF metadata (embedded time, location, and device data) remains intact on digital photos.
  3. Obtain Certified Carrier Records: Request official call detail records and text message transmission logs from cellular service providers via subpoena or formal discovery requests.
  4. Maintain a Detailed Evidence Log: Record the date, time, device used, and method of capture for every piece of digital evidence preserved.

Digital Capture Methods Matrix: Legality & Admissibility in NC

The following matrix summarizes common methods of capturing digital evidence in North Carolina family law proceedings:

Frequently Asked Questions About Digital Evidence in NC Divorce

Is it legal to screenshot my spouse’s texts in NC?

Yes, it is entirely legal to screenshot text messages sent directly to your device or sent within a group thread that includes you. Because you are a party to the communication, you have lawful access to the messages. To ensure admissibility in court, capture complete conversation threads that display the sender’s phone number or contact header, alongside full date and time stamps.

Can I use Life360 data in a NC custody case?

Yes, Life360 or Apple Find My location data can be used in North Carolina custody cases if the account was established mutually and you accessed the location data legally through your own authorized user profile. Location logs can help corroborate or refute claims regarding travel times, missed custody handoffs, or presence at unapproved locations. However, if you secretly log into your spouse’s private account after separation to track them, that data becomes inadmissible and exposes you to legal sanctions.

Is Ring camera footage admissible in NC family court?

Yes, Ring camera and video doorbell footage is routinely admitted in North Carolina family court to document custody exchanges, property damage, or domestic disturbances. Because outdoor entryways and driveways do not carry an expectation of privacy, footage captured by property-mounted cameras is lawful. To introduce Ring footage in trial, you must provide the raw video file, preserve the embedded metadata, and verify the time and date of the recording.

What happens if I put spyware on my spouse’s phone in NC?

Installing spyware, keyloggers, or hidden tracking software on a spouse’s phone is a crime in North Carolina under the NC Wiretap Act (N.C.G.S. § 15A-287) and Computer Trespass laws (N.C.G.S. § 14-458), as well as federal wiretap statutes. Any evidence obtained through spyware is strictly inadmissible in family court. Furthermore, the spouse who installed the spyware faces potential felony charges, mandatory payment of opposing attorney fees, and severe loss of credibility with the judge in custody and financial rulings.

How do I prove digital evidence is authentic in a North Carolina court?

Under North Carolina Rule of Evidence 901, you prove digital evidence is authentic by demonstrating that the evidence is what you claim it to be. This requires showing a clear chain of custody, providing unedited files containing native metadata, cross-referencing screenshots with official cellular carrier billing statements, or presenting witness testimony from the individual who captured or received the transmission.

Take Control of Your Digital Strategy Today

Navigating digital evidence in a divorce or custody dispute requires technical precision and experienced legal counsel. One wrong move can turn valuable evidence into a legal liability.

Protect your rights and secure your family’s future with our actionable digital evidence resources:

  • Download the Homewrecker Evidence Guide
  • Learn exactly how to audit your digital privacy, disconnect shared family accounts safely, and archive text messages for your legal team without violating state or federal privacy statutes.

Ready to discuss your case directly with an expert? Schedule a Confidential Consultation with Board-Certified Family Law Specialist Janet L. Gemmell at Cape Fear Family Law Today.

Legal Disclaimer & Ethical Notice

  • No Attorney-Client Relationship: Reading this blog or downloading any related resource does not create an attorney-client relationship. That relationship is formed only when a written engagement agreement is signed by both parties.
  • Information, Not Advice: This content is for general informational purposes only and does not constitute legal advice. Every equitable distribution case is fact-specific, and outcomes depend on the particular assets, debts, marital history, and county involved.
  • No Guarantee of Results: Past case outcomes do not predict future results.
  • Office Responsibility: Cape Fear Family Law is responsible for the content of this advertisement. Our principal office is located in Wilmington, North Carolina, with additional offices in Durham, Raleigh, and the Jacksonville/Camp Lejeune corridor.

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Janet Gemmell
Practicing law for over 20 years may have caused Janet some gray hairs, but she remains young at heart, probably because she loves what she does. Janet's focus is to work with clients building new lives after relationship turmoil and although it is hard work, she finds it utterly rewarding. Such work and experiences gives Janet a ton of insight and along with her legal knowledge (afterall she is a Board Certified Family Law Specialist) she is able to get to the heart of any legal matter quickly in order to start helping clients find resolutions and to get their lives back on track.

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