SOP 313.6 Child Custody Disputes

Question 1

Police officers are frequently called upon to investigate cases involving disputed custody of a child. These types of cases are commonly
referred to as ______ or __________

Answer 1

parental kidnapping or child snatching cases.

Question 2

Child custody cases are often not clear cut criminally and are mired in civil
paperwork. The potential for civil liability being imposed on the officer and the agency for wrongly removing the child can be great. It is very important that the officer remember that the ______ and ______of the child must be in the forefront of all decisions that are not clearly defined by state law or current civil
orders.

Answer 2

welfare and security

Question 3

The mother and father are the ______of their own children and of their adoptive children, during minority.

Answer 3

natural guardians

Question 4

If one parent dies, the natural guardianship shall pass to the _____, and the right shall continue even though the surviving parent remarries.

Answer 4

surviving parent

Question 5

If the marriage between parents is dissolved, the natural guardianship shall belong to ____

Answer 5

the parent to whom the custody of the child is awarded.

Question 6

If the parents are given______, then both shall continue as natural guardians.

Answer 6

joint custody

Question 7

If the marriage is dissolved and neither the mother nor the father is awarded custody of the child by the courts,_______________.
.

Answer 7

neither shall act as natural guardian of the child

Question 8

The _____ of a child born out of wedlock is the natural guardian of the child. That means she has sole custody rights and responsibilities against all other people including the father. This remains true regardless of the listing of the father on the birth
certificate.

Answer 8

mother

Question 9

If the father wants legal rights with the child he must :

Answer 9

go to court and obtain custody orders establishing paternity and
visitation/custody rights.

Question 10

If the alleged father (in the absence of

custody papers) takes the child from the mother and refuses to return the child, an

Answer 10

Interference with Child Custody

case shall be initiated.

Question 11

The __________ can provide a letter to the person requesting that we retake the child certifying that the order is the most recent custody order on file (this is even a good idea when recent orders are presented).

Answer 11

Clerk of the Circuit Court

Question 12

On requests that come from outside

Hillsborough County it is mandatory that the person requesting the retake of a child:

Answer 12

register with the Clerk of the Circuit Court and have an emergency hearing scheduled with the judge.

Question 13

The judge will review the custody papers and issue a _______allowing an officer to legally (without liability) retake a child.

Answer 13

pick-up order from Hillsborough County

Question 14

______ means a court decision and court orders and instructions providing for the
custody of a child, including visitation rights, including permanent, temporary and initial determinations as well as modification

Answer 14

Child Custody determination

Question 15

______ means the first custody decree

concerning a particular child.

Answer 15

Initial decree

Question 16

_______means a custody decree which modifies or replaces a prior decree, whether made by a court which rendered the first decree, or by another court.

Answer 16

Modification order

Question 17

_______means a person, other than the parent, who has physical custody of the child and who has either been awarded custody by a court or claims a right to custody.

Answer 17

Person acting as a parent

Question 18

Claims of custody often come from : ____, _____, and _______ who were “given” the child for extended periods of time and have been serving as caretaker and provider in
the parents’ absence.

Answer 18

1. grandparents,
2. relatives, or
3. friends

Question 19

In the absence of specific court papers, the
determination of where the child should be placed is a very gray area that is often a ________call for the responding officer based on the fitness of the parent that has reappeared to reclaim the child and the fitness of the person acting as a parent.

Answer 19

1. judgment

Question 20

Preference should be given to the _____, unless the officer can show that they are clearly unfit.

Answer 20

biological parent

Question 21

Whoever, without lawful authority, knowingly, or recklessly takes or entices any child seventeen years of age or under or any incompetent person from the custody of his parent, guardian, or other lawful custodian commits the offense of ____________. This paragraph is used for parents in violation of custody orders within the state; cases of adults harboring known runaways; or an adult boyfriend or girlfriend concealing a child
girlfriend or boyfriend from the parents or legal guardian

Answer 21

interference with custody and shall be guilty of a felony of the third degree.

Question 22

Interference with Child Custody shall not apply in cases where a spouse who is a victim or reasonably believes he or she is about to become a victim of domestic violence or believes that his or her actions were necessary to protect the child or incompetent person from danger to his or her welfare seeks shelter from such acts and takes the child or incompetent person with him or her, but only if:

Answer 22

1. The sheriff or state attorney is notified within 10 days after taking the child
2. The taking parent commences a custody case in court;
3. The sheriff or state attorney is kept informed of any address or phone number change for the child.

Question 23

Violation of Visitation Agreement in Custody Orders is a _____unless the offending parent “knowingly or recklessly takes,” per
787.03(1), the child away from the other parent contrary to the court order.

Answer 23

civil matter

Question 24

If the offending parent is just late in returning the child from visitation and there is no attempt to conceal or deprive the other parent of custody, the officers will refer the aggrieved party back to the ___ for the issuing judge to decide contempt.

Answer 24

court that issued the custody decree

Question 25

If the issue of legal custody is not questionable, the child will be left _______

Answer 25

in the physical custody of the person having legal custody.

Question 26

If legal custody has been determined and a person not having legal custody has fled with the child contrary to Florida State Statute, ______ will be placed on both the suspect and the child.

Answer 26

1. pick-up orders

2. suspect and child

Question 27

If in the determination of the investigating officer there is some indication that the child taken contrary to Florida State Statute might be in danger then his supervisor will be notified and the _________ will be contacted.

Answer 27

Sex Crimes Sergeant

Question 28

All cases in which legal custody cannot be determined or any pick-up orders were placed will be referred to the ____________

Answer 28

Criminal Investigations Division.

Question 29

Officers involved in any custody dispute will fully document the incident and, if possible, obtain copies of applicable court orders. Alternatively, court orders or other documents shall be identified by_____in the report.
However, where any police actions is taken based upon a court order, a copy of the order must be obtained.

Answer 29

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