Will a Police Officer Enforce My Custody Agreement in Albuquerque, New Mexico?

CAN THE POLICE GET INVOLVED WITH CHILD CUSTODY ISSUES IN ALBUQUERQUE, NEW MEXICO?

Picture the scene – you and your ex have been following the same custody arrangement for weeks, if not months, if not years.

Suddenly something changes.

Your child was due back at your house hours ago. The seconds creep into minutes which crash into hours. You pace the house nervously – alternating between checking your email every 30 seconds and changing the television channels endlessly. Nothing. You call your ex. No answer. Suddenly the situation reaches a boiling point and you realize that your child is not coming home as scheduled. You’re frantic. Not knowing who else to turn to for help, you reach for the phone and call the police.

 

 

Will the police serve and protect? Will the police come to your aid and enforce the custody arrangement that you’ve followed?

Whether the police will become involved with your “Domestic Matter” turns on one important question that the Officer will ask: “Do you have an existing and enforceable court order?“

Answer #1: “No, Officer, I do not have an existing court order regarding custody and time-sharing.”

In many instances, parents have an amicable and easygoing relationship that enables them to decide issues such as custody, time-sharing and child support without the court’s influence. These parents are walking a tightrope that at any time could spill over into troublesome waters, if the other parent crosses the line and chooses to keep the child.

Police virtually never get involved with domestic matters unless there is an enforceable court order. Generally speaking, the police officer will state outright that they will not get involved with the domestic matter – if the child is safe – and you must bring the issue before a civil judge.

In this situation there are two options: First option – file a Petition to Establish Paternity Custody and Parental Time-sharing, asking the court to establish a court ordered visitation schedule. The downside with this option is that the process can take anywhere from weeks to months before the parents are before a judge who can then issue an order that establishes child custody and parental time-sharing.

The second option involves situations where a parent reasonably believes that based on recent events, the other parent’s actions have placed the child in an environment that poses an immediate threat of serious harm to the child. In this situation, the parent can file a Petition for Order of Protection, stating reasons why the parent believes that an act of abuse has occurred, placing the child in an immediate threat of danger.

If the reviewing judge believes that the facts listed in the Petition demonstrate probable cause that an act of abuse has occurred, the court can issue an ex parte temporary order (Order without a Hearing) that grants the requesting parent temporary, sole custody of the child that is being placed in danger.

The court then sets a Hearing within ten days. At this Hearing, both parents will present their case to a Special Commissioner who decides if an act of abuse occurred that warrants an Order of Protection to be entered. Assuming that an Order of Protection is granted, the presiding Special Commissioner has the jurisdiction (“power”) to enter a Custody Order that is valid for six months.

On the other hand, if the Petition is ultimately dismissed, then the Special Commissioner loses jurisdiction (“power”) to enter a Custody Order, and the parties must bring the issue before the court through the Petition to Establish Paternity, Custody & Time-sharing that was described above.

Answer #2: “Yes, Officer, I do have an existing court order regarding custody and time-sharing.”

In other situations, parents have an existing and enforceable court order regarding custody and time-sharing, yet one parent actively decides to go against that court order.

In these situations, it’s a matter of chance if the Officer will enforce the court order. The Officer may choose to enforce the Order, or may simply tell the parent that the situation is a “Domestic Matter” that must be handled by a civil judge.

Assuming that the Officer chooses to enforce the Order, the Officer generally will accompany the complaining parent to the other parent’s home, confronting the other parent with the court order, and demanding for the child to be returned.

Assuming that the Officer chooses not to enforce the Order, stating that it is a “Domestic Matter” that is out of his control, then the parent has one of two options:

First Option – the parent can file a Motion for Order to Show Cause, which puts the court on notice that the other parent is knowingly and voluntarily violating an existing and enforceable court order. This Motion requests the court to hold the other parent in contempt of court for violating the court’s order. In this same vein, parents can also file a Notice of Non-Compliance, which has less bite than a Motion for Order to Show Cause, and asks the Court to enforce the Order, but does not request the court to hold the other parent in contempt of court.

The Second Option involves the Petition for Order of Protection that was described above. In this respect, if the parent reasonably believes that based on recent events, the other parent’s actions have placed the child in an environment that poses an immediate threat of serious harm to the child, the parent can file a Petition for Order of Protection.

As described above, the court reviews the Petition, and if it believes that the facts stated in the Petition demonstrate probable cause that an act of abuse has occurred placing the child in danger, then the court can issue a temporary order that grants the requesting parent sole custody of the child until a hearing is held.

(505) SANCHEZ IS HERE TO ANSWER ANY QUESTIONS ABOUT THE POLICE ENFORCING CUSTODY AGREEMENTS IN ALBUQUERQUE, NEW MEXICO

Do you still have questions about police enforcing custody agreements in Albuquerque, New Mexico?  Child custody in Albuquerque often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.  Sanchez can be reached by calling (505) SANCHEZ.