"protect and serve" does not have an asterisk

Magnethead

Magnethead

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One of our local racers' daughter has 2 kids out of wedlock with a guy. She has legal custody papers for one after a legal fight in 2008, but no papers for the one born last year.

sperm donor ran off with the kids and is hiding out at his moms.

Police get called out, she shows them the custody papers, explains that it's not the first time, that she wants her kids back so she can skip town and leave him to figure himself out.

Police tell her they can't do anything because it's a civil matter. Can't even go get the one kid that she has papers for.

She asks the cops to do a welfare check, so they contact sperm donor and go wherever he is, call back saying they're fine. She asks he still has them held up at his moms, police say "You have a general idea of where they are at".


Crooked ass cops.
 
umm, how is this not kidnapping, at least for the one kid she has legal custody of? y'all sure have funny laws in texas.
 
Sorry but there has to be more to this story. If she accepted what the cop said it's time to dig further, go over his head and up the chain. Get her atty in front of the judge and have the cop called to explain. Call whatever agency you have that handles family matters, here it's the Dept of children and families.
Of course one has to wonder why there's a second child after she got custody of the first from the same "donor".
Now if the donor is the mayor's son all bets are off....

btw mostly it's a case of custodial interference, not kidnapping. Does he pay support?
 
SST55 said:
Sorry but there has to be more to this story. If she accepted what the cop said it's time to dig further, go over his head and up the chain. Get her atty in front of the judge and have the cop called to explain. Call whatever agency you have that handles family matters, here it's the Dept of children and families.
Of course one has to wonder why there's a second child after she got custody of the first from the same "donor".
Now if the donor is the mayor's son all bets are off....

btw mostly it's a case of custodial interference, not kidnapping. Does he pay support?
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He's supposed to, but he doesn't. They were living together, apparently he played a game and pretended to want to marry her so he wouldn't have to pay support (been engaged for a year), but all he really wanted was the kids and for her to get lost.
 
Magnethead said:
Police tell her they can't do anything because it's a civil matter.
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You answered your own gripe. If the the police can't enforce civil matters, they can't do anything. Its the same here in VA, if its a civil issue, the sheriff's dept has to handle.

Its got nothing to do with being crooked....but congrats on blaming them anyway.
 
fergy1370 said:
You answered your own gripe. If the the police can't enforce civil matters, they can't do anything. Its the same here in VA, if its a civil issue, the sheriff's dept has to handle.

Its got nothing to do with being crooked....but congrats on blaming them anyway.
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since when can police not serve on custody papers???
 
Magnethead said:
since when can police not serve on custody papers???
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Anytime they aren't allowed too.

When I was on the road, if someone rear-ended someone in an accident, the only thing they could be charged with was an infraction under reckless driving. Most the time, it wasn't warranted a reckless driving ticket. There was another law on the books called "improper driving", but the po-po could not charge it because it was a civil charge for some reason. Sheriff deputies could write it all day.

Evictions, custody paperwork, and a few other paper issues by the courts can only be served by the Sheriff or his/her deputies. At least that's the way in VA and sounds like it might be that way in TX.
 
fergy1370 said:
Anytime they aren't allowed too.

When I was on the road, if someone rear-ended someone in an accident, the only thing they could be charged with was an infraction under reckless driving. Most the time, it wasn't warranted a reckless driving ticket. There was another law on the books called "improper driving", but the po-po could not charge it because it was a civil charge for some reason. Sheriff deputies could write it all day.

Evictions, custody paperwork, and a few other paper issues by the courts can only be served by the Sheriff or his/her deputies. At least that's the way in VA and sounds like it might be that way in TX.
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She says it was the sheriff and a constable that came out. It's in a small town of 200 and some, so it was the county sheriff that came out.
 
Then I don't know what to tell you......but it sounds like she's in love one week and hates him the next. She needs to make a decision and stick with it.
 
from facebook

I really don't understand what the cops around here do, they def don't serve and protect! I called dispatch at 10:30 to have them send an officer out to check on the kids. Jacob and the kids weren't there. Said they can't check on them if they don't know where they are...no ****, that's y I'm calling u to find them!!! Its Friday night, I know what he's doing!!


Thanks Elizabeth, my dad is here now. I tried to report them kidnapped on Wednesday but they said since I had a general idea where they were (could be two seperate counties) and that I've been talking to Brookelynn they can't do kidnapping charges. I can't leave here yet incase they "show up" and say I wasn't here...


Yes my dad is here. The police haven't even came to the house, I've only talked with them over the phone. They haven't even seen the custody papers and don't care too. I'm gonna be calling again in about an hour. I gave the dispatch jacobs number but he never called me back. One of the officers told me that he might have taken them to the movies, it was after 11 and y would u take 4 yr old & 11 month old to the movies that late? They don't want to do their job, is all.
 
she has a hearing at 9AM monday with the same judge that signed the custody papers. Going to have sperm donor served so the daughter gets handed over immediately, with the son soon after. Apparently sperm donor has 3 DWI's and some other baggsage, she's leaving town with her dad once she has both kids.
 
Been through this myself. I had full custody of both of our girls after our divorce and he got them for visitation and never brought them back. It's not kidnapping because he didn't cross state lines. Had to get lawyer and go back to court and a year and a half later I got my girls back.
 
2:15 AM

Just called dispatch back & asked if they were able to get ahold of Jacob and he said no and that the deputy is busy right now (when i asked to go back to the house where they are suppose to be) and they have done everything they can do!! Yeah, maybe expect YOUR JOB!! I can't believe Jacob thinks that he just doesn't have to answer his phone when they try to call...damn it damn it damn it!!!

7:30 AM

I just called dispatch back and got the new shift (which was my plan) she said she would send a deputy out to Cisco and he would call me back. Ill let everyone know what's going on then.

8:49 AM

I called at 7 and the deputy is just now on his way out there, they sure don't get in any hurry round here...
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Magnethead said:
from facebook

I really don't understand what the cops around here do, they def don't serve and protect! I called dispatch at 10:30 to have them send an officer out to check on the kids. Jacob and the kids weren't there. Said they can't check on them if they don't know where they are...no ****, that's y I'm calling u to find them!!! Its Friday night, I know what he's doing!!


Thanks Elizabeth, my dad is here now. I tried to report them kidnapped on Wednesday but they said since I had a general idea where they were (could be two seperate counties) and that I've been talking to Brookelynn they can't do kidnapping charges. I can't leave here yet incase they "show up" and say I wasn't here...


Yes my dad is here. The police haven't even came to the house, I've only talked with them over the phone. They haven't even seen the custody papers and don't care too. I'm gonna be calling again in about an hour. I gave the dispatch jacobs number but he never called me back. One of the officers told me that he might have taken them to the movies, it was after 11 and y would u take 4 yr old & 11 month old to the movies that late? They don't want to do their job, is all.
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Hate to see people go thru stuff like that but not to sure that Facebook is the place to air stuff like that out.
 
We're only hearing one side of the story. Be interesting to know how this turns out in court after both sides are heard.
 
SST55 said:
We're only hearing one side of the story. Be interesting to know how this turns out in court after both sides are heard.
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Her court date is monday 9AM. It's the same judge that signed the custody papers for the daughter. And apparently there's a texas law that and child younger than 18 months must have custody assigned to the birth mother or a surrogate mother- the father can't have custody until the child is 18 moths or older. So the son is getting signed over same day under that law.
 
mike honcho said:
Hate to see people go thru stuff like that but not to sure that Facebook is the place to air stuff like that out.
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Isn't that the truth, but some people must think that their dirty laundry is everyone's dirty laundry. Last year, my SIL began to air things on Facebook that should have been kept private. It got to the point that one of her "friends" began to insult my family. My little brother had enough and told them to stuff it. I guess I'll just never understand the social media like younger people do. But you'd think that some people would be old enough and mature enough to recognize how things could turn out.
 
so where it's at now, sheriffs office told her to quit calling them b/c there's nothing they can do (she hasn't had any communication to sperm donor or kids since last friday), both of his parents are over the road truckers and his sister says she hasn't seen him or the kids since monday, and he works the oilfield. So basically the kids are MIA and the sheriffs office says it's not their problem.

judge signed papers monday morning and sperm donor was served monday afternoon. That's the last anybody saw him or the kids.
 
snafu lovely, nobody knows anything, is responsible for doing anything.
 
Mags, this doesn't add up. In your first post you say she has legal custody of the oldest and then custody of the youngest until 18 months old per state law. Based on just that whatever state agency that handles families and children along with a constable or cop should have had the kids back to her the first day. Now a second court order, referred to as "papers" in your post served on him at work. Why wasn't he taken in right then and there for violating the first court order granting her custody of the oldest? Now he's in the wind?

There is something seriously wrong when the sheriffs office is presented with a court order and they say there's nothing they can do and quit calling.

Again sorry but I think there's a lot more to this than what you've been told.
 
The whole thread is B/S, you take some child away from its NATURAL parent without the law behind you as this creep did and it is kidnapping PERIOD. Something is seriously wrong with this situation, where's the true information?????????
 
SST55 said:
Mags, this doesn't add up. In your first post you say she has legal custody of the oldest and then custody of the youngest until 18 months old per state law. Based on just that whatever state agency that handles families and children along with a constable or cop should have had the kids back to her the first day. Now a second court order, referred to as "papers" in your post served on him at work. Why wasn't he taken in right then and there for violating the first court order granting her custody of the oldest? Now he's in the wind?

There is something seriously wrong when the sheriffs office is presented with a court order and they say there's nothing they can do and quit calling.

Again sorry but I think there's a lot more to this than what you've been told.
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The first court date (monday) was to get him served. They appear together on the 23rd (11 days), that's when he has to officially hand the kids over and she can skip town. If he misses the court date, then a warrant goes out for his arrest.
 
Has DCF or whatever Texas has for a Department of Children and Families been brought into the loop? In Florida the Only way you can make any progress in this type of situation is to go thru them and they will get the Sheriff Dept. to act on their recomendation.
 
I don't thiink she's gone through them yet but i know some of her friends have suggested it.
 
she finally has both kids back. What a mess it took to get them..

Between when sperm donor was served and the first court date, he skipped town (which was forbidden in the serving papers w/o court consent) and nobody knows where he went. He showed back up with the daughter (papered) and was served the papers for the son and given 11 days to give the son back. 11 days passed and he had skipped town again (again, forbidden), but returned the son after 13 days. Wouldn't give her the babyseat, formula, or any other supplies, and left her with the kid and her dad an hour from home with no way to feed the kid. She took him to the doctor's office and had the doctor basically write a court letter saying how the kid was malnourished and underweight from the previous check-up, and so forth. She took it to the judge, and judge said that since the sperm donor's legal residence is in a different county from hers, he had the case transferred. That judge was nice and prompt, sperm donor has warrants for disobeying 2 court orders plus a count of child endangerment.
 
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