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CUSTODY or make an arrest? What do you mean by custody? If he is picking somebody up it requires a judges order (warrant), and for a judge to sign a warrant, the police have to provide the judge with probable cause. An officer can make take someone into custody if a probation officer reports a probation violation or if the officer witnesses the person committing the crime.
If an office doesn't follow proper procedure, has to answer to the court as to why he did what he did. There are checks and balances that help prevent violations of these rules, in most cases.
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∙ 13y ago
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Can you take your daughter without a written custody order?
No
What is the term for the taking of a person into a custody in order that he may be bound to answer for the commission of an offense?
The person taken into custody has been arrested
Can an officer take a person in custody without a custody order when involuntary committed?
The question potentially touches on several areas and needs more clarity. HOWEVER: I will make an attempt to cover all possibilities - - An officer can take someone into custody even if they do not have the custody order with them at the time. The mere knowledge that the custody order exists is sufficient to make the arrest. Involuntary commitment: is a power granted to only certain members of the medical, public safety, and law enforcement communities. One may be taken into custody for involuntary commitment only under certain circumstances, those (usually) being that the individual is exhibiting behavior that is clearly dangerous to themselves or to others. These involuntary commitment laws are known by different names in different states but usually call for the subject taken into custody to immediately be brought to a place of examination and committed for psychiatric evaluation for a period not exceeding (?? hours/days) (varies by state). The officer making the commitment must swear to an affidavit that they DID observe the committed person's behavior and that it did rise to the level required to make the commitment. The officer must then swear to the truthfulness of the affidavit and sign it. (Very similar to a warrant application.)
Can you vacate a temporary custody order without an attorney?
It is possible to vacate a temporary custody order without an attorney by filing the paperwork with the court yourself. However, it is advisable to consult an attorney.
Can you sign for sole custody of your 2yr old without the fathers involvement if he is incarcirated?
single mothers have sole custody even without a court order.
What does found in contempt of custody means?
It means that a person has been found guilty, by a judge, of violating a court order with respect to the custody of another person. Custody is the legal right of a parent to their children.
What is possessory custody?
Possessory custody or possessory conservator refers to the person in a custody order who does not have the child/children living with them the majority of the time. A person with possessory custody has the right to possession at certain times and places accompanied by certain rights and obligations.
Can a father take a child against mother's will if shared custody?
If the parents share custody there must be a custody order and visitation order. Those orders must be followed. Neither party has the right to make changes without a new court order.
Is it custody kidnapping if parent refuses to return child or let other parent come for child?
If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.
Can father let child miss school without mothers permission?
It depends on the law where you live and your custody order. If the father has sole legal custody (as opposed to physical custody) he would be able to make that decision without input from the mother. If legal custody is joint or the mother has sole legal custody, no he could not.
Can a custody court order be terminated in colorado for a child once he turns 18?
At 18, the person is no longer a child. He/she is now an adult not a child. No custody order can be enforced on an adult.
Can my brother become my gain custody of me without consent from my parents?
Only with a court order.
