At the temp hearing I was awarded sole legal and physical custody of all 4 of my minor children. I have 3 living with me and the 4th is living with his aunt in a different state which he was allowed to do without my permission. Now that I've been awarded temp sole legal and physical custody, how can I get my son. I'm ready to book a flight to pick him up but don't want to cause a scene. Will the police help me keep everything civil or are there more hoops I have to jump through. I was told all states have to follow custody orders regardless of what state it was made in.
1 Answer from Attorneys
This is a very good question.
To start out police departments are AGENCIES, and as such they have their own way of operating. There may be statutes in the state that control some of what they do, but they will pretty much decide whether they will get involved in a dispute or not.
You are correct there is GOOD FAITH and CREDIT that between courts, if the matter was heard on its merits (with both parties present) and decided by a judge then the court in the other state should take it on JUDICIAL NOTICE. The police force not so much.
There will be procedures in that state for docketing the judgment making it a state judgment there. Then the police force will take notice of that state's judgment. That does not mean they will act on it. For example: I had a case here that the local police would not act. So, I had to get them to put in writing they would not act, so that I could get the local sheriff's involved. They are FAR MORE likely to act on a Court Judgment if properly executed.
Part of being an attorney is getting stopped, and picking another path to accomplish the end goal. It will be different in every state, and every county in that state. They all have there ways of doing thing. Hence the "You're not from around here" phrase. It really is that way, more often then you would think.
So, what I am saying is...
1) call the local police and see if they are going to help you. Talk to a duty/desk officer.
2) if they are not willing to help then call the sheriff and ask them. Again talk to a duty/desk officer.
3) if they won't help, and have not made suggestions on how to proceed, then contact local attorneys and look for a free consultation.
You have to have a plan (and a backup plan) before you go down there, or you will be doing this several times.