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Can the alameda county police/sheriffs department legally give legal family law advice as to what to file within the courts?

Hayward, CA |

my ex filed a custody case in Cali knowing I was just visiting. When we had our hearing the judge dropped the case knowing she does not have jurisdiction over the case because there was already a sole custody case (filed by my ex) already pending in Florida (which he had never touched for the last 4 years nor did I want to pursue his sole custody case). When the custody case was dropped, that day I purchased our tickets to go back home. However I still allowed my ex to visit with his daughter before we left. On one of his visitation days that we verbally agreed upon I handed my daughter over to him and he never returned her to me. It has been about a month now that I have not seen or heard from my daughter and police are giving him legal advice saying I'm a flight risk and what to file

Attorney Answers 2


  1. As long as you have the custody order...Then he is interfering with custodial rights. Unless he has something superior in California Courts than what you have, he is in the wrong. The police cannot advise him to break the law and thr order. If there is a final order there is the full faith and credit that has to be given to the current order...it us too bad your child is in the middle of this...

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


  2. Have you shown the police a certified copy of he order granting you custody.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.