Can he legally take my children?

[Ohiogal]

Originally Posted by justalayman

since when can the police not enforce a courts order unless specifically stated?

If a person has physical custody of a child that they do not have legal custody of, is that not kidnapping? In todays world, do you believe the police would not take custody of the child, if nothing else, to act on the side of caution regardless what the order did not include?

A courts order is a courts order, is it not?

For some reason, every time I try to find something official concerning the courts in West Virginia, the links are not functioning so I am hitting a brick wall.

and, I have found no support for my position is WV code (btw; if it is in statutes, the police would have the authority to enforce since it is a violation of law, yes?)

Not necessarily. Custody is a CIVIL situation and not criminal usually. And it is not kidnapping for a person to have custody of a child not theirs. The police cannot remove a child from a PARENT's custody without having probable cause that the child is in danger or has committed a crime. A custody dispute between mom and dad does not rise to that level. And police have been reprimanded for attempting to enforce court orders for custody. The COURTS are the ones who enforce COURT ORDERS. Unless it is an order that allows the police to enforce (i.e. a restraining order/civil protection order).

[justalayman]

And it is not kidnapping for a person to have custody of a child not theirs.

Ok, I will concede with one exception; my Hail Mary; my: but?; my: what if?


in the statement above, if the custodial parent states that person has no legal right to have custody of the child, are you telling me the police will not remove the child?

[LdiJ]

Originally Posted by justalayman

guys; like I said, I would have to check but I do know that in my state (Michigan) mom is THE default custodian if the courts have not entered an order and mom does control where the child/ren is until that time.

If that means the police go and get the child/ren from the acknowledged father, the so be it. I have had a Michigan attorney tell me such.

I'm still looking for WV.

That is actually true in most states. It is however sometimes difficult to get the police to enforce that custody. I know it can be here, unless you go over the heads of the regular officers.

[LdiJ]

Originally Posted by justalayman

Ok, I will concede with one exception; my Hail Mary; my: but?; my: what if?


in the statement above, if the custodial parent states that person has no legal right to have custody of the child, are you telling me the police will not remove the child?

Like I said, it is difficult to get the police help for enforcement here, but if you go over the heads of the regular officers they will enforce it.

I know a mother here, in the real world, whose ex refused to return their baby after a visit. (mom had filed for child support and he and his new wife were angry about it) She called her caseworker for the CS, explained what happened and asked if she needed to cancel the CS case. The caseworker said "let me call you back". I don't know who the caseworker contacted, but the police retrieved the child and returned the child to her within the hour.