Lemoore Police answer many calls related to child custody

By Officer Anthony Braley
Officer Anthony Braley
Officer Anthony Braley

The Lemoore Police Department receives a great number of calls for service concerning child custody issues ranging from general information to actual violations of custody orders. Unfortunately for children in most cases, having parents that are separated is a common reality.

Parents many times do not obtain court documentation which allows law enforcement to assist and act when a child custody issue arises. During the dissolution of a marriage it is common practice for both parents to obtain a child custody court order regarding their child or children. If for some reason the courts do not issue custody paperwork for both parents, then one or both of the parents should ensure an order is issued.

It is a common occurrence for parents to rely on verbal agreements regarding their children. The issue arises when a parent then takes issue with their amount of visitation, or time of, and dates of visitation with their children. Local law enforcement usually receives a call regarding a parent that requests law enforcement to assist at that point.

Law enforcement will ask to view the child custody agreement provided by the courts. For local law enforcement a Kings County child custody order will govern if any action can be taken. If an order is not in place it will be up to the parents to settle the issue of the visitation.

166(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempt's of court is guilty of a misdemeanor:

(4) Willful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial.

If a court order is in place and one or both of the parents violate the order they can be charged with a violation of PC 166 (A) (4) which is a misdemeanor in the State of California. If a child is in the care of the offending parent law enforcement will attempt to contact that parent and have the child turned over to the parent who is supposed to have visitation under the court order.  A request may then be sent to the Kings County District Attorney's Office for review concerning a criminal complaint being filed.

California penal code 277 outlines what a court order is under California state law:

               277.  The following definitions apply for the purposes of this chapter:

(b) "Court order" or "custody order" means a custody determination decree, judgment, or order issued by a court of competent jurisdiction, whether permanent or temporary, initial or modified, that affects the custody or visitation of a child, issued in the context of a custody proceeding. An order, once made, shall continue in effect until it expires, is modified, is rescinded, or terminates by operation of law.

This is important because many parents will advise law enforcement they have a court order but both parties with verbally agree to modify the order on their own terms. If a parent then attempts to advise of a violation based on those verbal modifications no action can be taken by law enforcement as those modifications were not made by a judge to the original order.

If both parents decide changes to the order need to be made a new court hearing needs to be made so a judge may make the changes necessary to the order.  It is necessary for both parents to always carry a signed and stamped Kings County court order to be able to provide to officers upon making a complaint of a violation. The order needs to be an original from the court. An original signature should be present from the judge on the form and Kings County court sticker should be affixed to the front page. If a parent were to take a child without informing the other parent of their whereabouts a violation of PC 278.5 (a) could occur.

278.5.  (a) Every person who takes, entices away, keeps, withholds, or conceals a child and   maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.

This can be filed as a felony or misdemeanor depending on the specific circumstances regarding the parent and child. For answers to complex legal cases it is best to obtain a private attorney who can advise on such matters. Parents should contact the court of the county in which they reside to begin the process of obtaining a child custody agreement which can be enforced by law enforcement. The Kings County Court can be contacted directly at 1426 South Dr. Hanford CA, 93230. You can also call 1-559-582-1010 for further information. The Kings County court website has further information at kings.courts.ca.gov. Anyone with additional questions or someone seeking legal advice should contact their attorney for further assistance.

If anyone has any information or comments about this article, do not hesitate to contact me or another Lemoore PD Officer. I can be reached by the following:

Phone (Voicemail) – 559-924-6807

Lemoore PD – 559-924-9574

After Hours – 559-924-5333

E-Mail – Anthony.Braly@lemoorepd.com

 

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