what is the law for... do police respect judges?

Question

i recently recieved temp custody of my baby sister who is 13 years old... we recieved word that my mother had asked another sibling to kidnapp her and take her out of state.... the judge told us to call the police if the other sibling came to the hosue after being told to stay away. the sibling came to the door pounding and demanding that the 13 year old pack her things and go with them. we contacted the police and were told that our papers from the judge were worthless and that we could not stop the sibling from taking the 13 year old to our mother. we were told we would be cited for bothering the police if we called again.... the officer even said that no judge has that right to decide who gets custody... what that gell is going on. why even get a judges order if the police wont abide by it?

lol would be kinda funny for the other sibling to have friends on the force..lol she is 20 with history of drugs and DUI's...

we have a hearing for perm custody on halloween morning... she has lived wiht me for over a year but our mother has been getting welfare benifits and social security payments in the 13 year olds name....

by our state laws the judge can't just give me custody there has to be a hearing first... we have temp custody until the hearing then he will sign the perm papers... the judge jsut stated that we were to call the police... the school did the same thing when the other sibling showed up there... and it is not a juvie case is it a child custody matter... we have taken all the steps and i even called DHS myself to make sure we covered all bases.... and it was a supervisor i spoke with at the PD. this is a very small town so its not like there are a ton of people to go through. the judge has already taken a statement from my baby sister and based on her statement and the schools letter of facts the judge said it was in the best interest that my sister stays with myself and my family.

Answer 1

You are being lied to by the police in your town. Law enforcement officers are duty bound to uphold any court order by the judge. If the court order states you have custody, temporary or not, the police must enforce that order, as well as any portion of the order that says reletives are allowed no contact. If the police are not following the court order, call you Sherrif, and explain the problem, show a copy of the order. Also, keep good notes, names, dates, and times you have called, and you may want to take this before the judge, or turn it over to the prosecuting attorney for review.

Answer 2

That definitely doesn't sound right! I've heard of men disobeying restraining orders, but when a judge awards temporary custody it definitely should be enforced by all police! I would call the police again & ask to speak to the sergeant or whoever is above the officer who told you this! That officer should get written up or whatever happens to officers that break the law!!! "No judge has the right to decide who gets custody?" That's the dumbest thing I've heard a cop say....well almost the dumbest! I hope you did not let your sister go, but if you did, I would definitely call the court house ASAP & tell them what is going on!!! You must be a wonderful, brave, caring sister! Hope things work out for all!!! Good luck! These things are never easy!

Answer 3

As long as there is no court order re custody, there is nothing the police can do. A parent has custodial rights unless you go to probate court & obtain guardianship papers.

Any paper you receive from a judge other than guardianship papers or a restraining order against the parent would be useless in this situation. And unless you have gone to court & were appointed your sib's legal guardian there is nothing the police can do. You are wasting their time if you are not the legal guardian which is not the same thing as having custody.

Answer 4

Custody orders are not as great as people think. Yeah, they say people can have custody of a child but the police are not going to jump into the middle of this and look at some piece of paper signed by some judge and start playing court in someones living room. Custody battles are messy and complex and orders come and go.

The key is to pick your battles. This is how you should have called the Police:
"Hello Police, my sister/brother is at my house. They are banging on my door and I have told them to leave several times. They have a history of alcohol and drug abuse and I am afraid of them. I need the Police out here because they are trespassing and if they don't leave I need them arrested for Trespassing."

Don't loose focus of the fundamentals when you explain things. You have rights not to have your crazy brother/sister/whoever at your house bothering you. Seriously, the order is not the silver bullet to this issue. But basic criminal trespassing laws work every time.

Answer 5

you're incorrect about that.they have had a similar education opportunitys as all and multiple else contained in the finest 40 years.you're delving right into a topic which will continually be the black peoples excuse.The info are the crime expenses are higher in black communitys.This an this on my own is the reason more suitable blacks are in prisons no longer a lack of teaching.i imagine its a question of morals no longer one of regulation education.If human beings like you an Al sharpten save making a wide deal about each and every little element it in basic terms proves my factor.Do you imagine Sharpton went so public about the present comments of a radio communicate instruct host for morals?No he performed it for publicity an no longer something else.we are able to not save giving them the excuse {properly they did'nt comprehend any more suitable ideal} no remember what colour they are.Its time human beings like you provide up giving ammunition to a reason that dosent extremely exsist.in case you destroy the regulation you pass to detention middle.Black,White,yellow or brown it do not remember.If there are more suitable blacks its with the aid of morals they were raised with no longer that the police officers are gunning for them.Its trouble-free top remains top,an incorrect is continually incorrect.provide up fueling a hearth that announces the in basic terms reason i'm in detention middle is i'm black.

Answer 6

THE PROBLEM YOU HAVE ENCOUNTERED IS "TEMPORARY CUSTODY"

OTHER SIBLING BEING TOLD TO STAY AWAY BY WHOM? (YOU )

JUDGE SHOULD HAVE ISSUED FULL CUSTODY AND A RESTRAINING ORDER AGAINST SIBLING ON THE BELIEF OF A POSSIBLE RUMORED KIDNAPPING OUT OF STATE PLOT UNTIL FOUNDED OR UNFOUNDED?

OFFICERS ARE OFFICERS OF THE COURTS AND ABIDE BY THE ORDER OF THE COURTS.

A TEMPORARY CUSTODY FOR HOW LONG?? IF NOT STATED, THEN DEFINE TO US FROM WHEN TO WHEN AS DIRECTED BY THE COURT JUDGE.

ANOTHER PROBLEM IS THIS IS A JUVENILE PROBLEM AND IF DONE IN JUVENILE COURT THEN THE JUVENILE AUTHORITIES OR DHRS HAS JURISDICTION NOT POLICE?

IF YOUR SISTER IS 13 THEN SHE CAN DECIDE WHOM SHE WANTS TO RESIDE WITH BY GOING TO THE JUDGE AND STATING SHE WANTS A CUSTODY ORDER TO BE PERMANENT WITH-----.(END OF QUESTION)

Answer 7

Sounds like the other sibling has friends on the police force. And contrary to what they say, they can't cite you for "bothering" the police. They're public servants, they have to do their job no matter how many times you call them. Sounds like they're trying to BS you.