My husband has a court order for temp physical custody of his child. We went to have her served with the papers and to get the child. She refused to give the child to my husband, we had a cop with us for peace keeping. he said that it is up to him if the child is to be removed from the home and go back to court and get an order to remove the child by force. We were then told that even if we do go back to court it will STILL be up to the police if they want to enforce it. Even with the judge saying that the child is to be with my husband. If it is up to the police why did we pay the COURT over $400.00 to file the papers. I would like to know how they can do this and what do we do now? How is this even legal? This child's mother is on drugs and boze. We are worried for her well being.
2006-06-24 12:37:57 · 8 answers · asked by Jeanette Y 1 in Politics & Government ➔ Law Enforcement & Police
We did call the police. We were told the same thing. we went a high as they would let us. They would not even send another cop out.
2006-06-24 12:47:58 · update #1
With the cop standing the the child told my husband that she wanted to stay with her mom do to her mom saying she will get a pony and a puppy. we told the officer that we were lucky to get her address this time that she has been hiding the child,that they are moving out of state on the 2nd and the mother will not give us that address.
2006-06-24 12:57:52 · update #2
No what I would like him to do is his job. There is a reason my husband was given custody.
2006-06-24 13:01:41 · update #3
The child is only eight years old.
2006-06-25 16:02:53 · update #4
crappy government
2006-07-01 02:25:50 · answer #1 · answered by oldboy992003 2 · 1⤊ 2⤋
You should at LEAST have the police write up a police report and have them give you they report number. Everytime you go over to the moms house and try and retreive the child. Make sure you get the police report number and "document, document, document" After the third time she refuses to hand over the child, contact the District Attorney's Office (Child Abduction Unit) If you have one in your county. They will take your case and the mother will be held in contempt. Otherwise take it back to court with all of your documentation, police reports and the Judge will have her in contempt and she may do jail time. BTW how old is your child? If she is a teenager, then most likely the teen will have a BIG say as where she wants to live, and that is a big reason the police will not get involved. The police also do not interfer with custody inforcements where I live here. But the DA will.
2006-06-25 04:39:16 · answer #2 · answered by LO 3 · 0⤊ 0⤋
I completely understand your situation. My husband has custody of his daughter. She went to spend the weekend with her mom & then she called us & her mother said that she was not letting her come home. We went to get the cops. we had one on our side. but the cop that lived across the street from her came over & talked to the cop that we brought with us and they would not let us take her even though my husband had his papers. We got her back 5 days later. The next step we took was to hire an attorney to prevent that from happening to her again.
Your husbands papers should have been enough, like my husbands papers should have been enough. But when you got cops that are on the biological mothers side then they will not remove the child from the home. Stand your ground. Go to the courts and tell them what has happened so the judge will know what is going on. & you can sue the police department for violation of a court order. Good Luck in protecting your child.
2006-06-24 13:42:58 · answer #3 · answered by ~Sheila~ 5 · 0⤊ 0⤋
If you get a COURT order saying the child is to be removed and given to you the POLICE have to enforce it! Call the police and the department of social services. They will take the child away from the bad mother. Tell the judge if the police are not enforcing the order.
2006-06-24 12:43:20 · answer #4 · answered by Educated 7 · 0⤊ 0⤋
No, the police wil not inforce custody orders, I have never seen them. Of course if you can find a way to physcially get the child in to your arms, you would not have to give the child back)
What you have to do is go back to court and get the mon found in comtempt of court, that way the court will put them in jail for contempt.
2006-06-24 13:57:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
An officer has to enforce an order given by a court. NO questions. I'm guessing their has to be a reasson for the officer not to enforce it, I'd speek to the officers commander and seeking those reasons, if they wherre not good enough i would place a formal complaint against the office with an independant person, IA or a commander outside the officers chain of command!!!!!
2006-06-24 13:58:46 · answer #6 · answered by cost cutter 3 · 0⤊ 0⤋
Ok, honey, lets just think this through one time...what would happen if you got the cop to agree...he would be fighting with a mother to take away her child. Should he jack her up, throw her against the wall and cuff her if she fights...??...and when the kid starts screaming and runs in to save his mommy, what should the cop do, baton the kid...?? ...slap him away...?? No cop is his right mind would get involved in such a scenario., regardless of whether or not you approve of the mother or not.
2006-06-24 12:59:23 · answer #7 · answered by FreddyBoy1 6 · 0⤊ 0⤋
Go to the State police or Sheriff, or file a motion of contempt against the police dept. That will get their attention fast!!
2006-06-24 12:54:31 · answer #8 · answered by cantcu 7 · 0⤊ 0⤋