Serious advice needed (Regarding Cops and my kid)

so he was kidnapped from your primary custody? that's the thing i didn't understand.

 

i misunderstood primary custody, sorry.

I thought it meant exclusive custody... primary custody is defined by google as 50.1%

Again, sorry.

 

Send the body cam video to your local news outlets. The sheriff will call you soon enough.

 

That cop is a straight-up bully, I can't believe he spoke
to your obviously emotionally upset son that way.
I would definitely go for a restraining order against
the stepdad for punching your son, that bullshit the
cop spouted about their right to put their hands on
him certainly doesn't include the right to punch him
in the face. That RO will solve the problem of your son
having to go visit.
Your son has a legitimate civil rights case for sure.
Really bad police work.
And that deal with the stepdad showing the cop his
father's license is a crime, you should inquire as to
why the stepdad wasn't charged. It could also be a
good thing in a civil rights suit to show him as a bad actor.

 

This sux all around for kids in this situation.He didn't want to go,I get it.My dad had custody of me for 2 weeks of hell every summer.
I hated it,step mother,and they always had a domestic shit show of some sort,and he was always drunk.
Hayden doesnt need that emotional
trauma,and trust me,it will stay with him.For the step dad,I always have a golden rule for them.Your not my biological parent,I didn't choose
this shit,thus No!! Step parent can touch the kids.You should beat his fucking ass,just for that one!
Another concern RB,is the actual arrest record.I know he's a minor,but to my recollection Doesn't the arrest record stay for life,whether aquitted or not?
Persue,and Sue! I would even take her back to court over this,and let Hayden speak for himself to a judge,and hopefully nullify any more shit show visits.

 

I agree, drag the ex back into court.
And your son can swear out a criminal complaint against
her husband for punching him. That's assault. The stepdad
is not his parent, legally speaking he's a stranger to your son.
If your son swears out an assault complaint you have great
evidence since he says to the cop that that's what happened
right on the bodycam video.

 

wow... the kid has rights. Advise accordingly to keep quiet and only speak to his representation.

 

Thanks guys, and a few of you may remember my exploits back in the 2011 ish time frame and again in 2015 when the step dad got mouthy and back then I didn't do a lot of thinking before acting so I got to sit and think about it a few days lol

Again, that exact history, and my growth (at least a little) is why I did what I thought was right, which was a welfare check, only to then find out he assaulted his mother (pushing her arm away as she tried to block him from running to the cops, she also says this on the video on my fb.)

 

I'd consult an attorny about his "Say" in if he goes to his mothers....there's a good chance, after this shit show, a judge will listen and he won't have to go back and there isn't thing 1 she can do about it after that.

After 16, there's definitely nothing she can do. I know a guy at work whose kid stopped going to his Moms...she took them to court (twice) and the judge said both times, "Lady, he's past the age of self determination....I cannot tell him what to do".
She also ended up paying back child support back to Dad for not helping with expenses.

 

Since he is a minor and the charge was dropped it
should be easy to get the arrest expunged from his record.
And actually, you have a good case for false arrest. Again,
the bodycam evidence has your son saying he pushed her
arms out of the way. In no way is that an assault and the
cop certainly didn't witness any assault.

https://www.transcend.net/library/proseLitigant/ClearArrest.pdf

 

And when I went back to look at the video again I
saw that "being disrespectful to the officer" was
part of the arrest, that's total BS. You have the
right to say anything you want to a cop short of
threatening them. If you want to tell a cop to go
fuck himself that's your right, protected by the
First Amendment. In no way are you lawfully
restricted from speaking disrespectfully to a cop.
If the poor cop has a bruised ego, tough shit.

And something else occurred to me, the way the
cop acted makes me wonder if he has a personal
relationship with your ex or her husband. He
seemed to unreasonably take their side without
knowing all the facts. Combined with accepting
his father's license as ID, something doesn't
smell right.

 

I don’t know the laws in FL but in Maryland a step parent is still a parent, if the laws are the same then striking your son in the face is child abuse not “discipline” as that cop wants to call it. I would be getting every agency invovled that you can.

 

RB, I'm sorry you and the kid have to go through this. No advice, just true thoughts and prayers that both of you survive the ordeal.