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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I went to court and got temporary sole custody of my granddaughter

Customer Question

I went to court and got temporary sole custody of my granddaughter her father is in jail. The girlfriend is hiding the baby out sheriffs dept knows this for a fact but can't locate the baby.
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
Unfortunately, if the sheriff cannot locate her, and you have a court order, I am not sure why it it not Amber Alert worthy.
Below is a link you can read the necessary criteria for when an Amber Alert is appropriate. You can copy and paste that link into a browser
https://www.dps.texas.gov/dem/Operations/Alerts/AmberCriteria.htm
It says the following:
A requesting law enforcement agency must meet all the below criteria in order to activate the State AMBER Alert Network:
Is this child 17 years of age or younger, whose whereabouts are unknown, and whose disappearance law enforcement has determined to be unwilling which poses a credible threat to the child’s safety and health; and
(i) if abducted by a parent or legal guardian, was the abduction in the course of an attempted murder or murder? OR
Is this child 13 years of age or younger, who was taken (willingly or unwillingly) without permission from the care and custody of a parent or legal guardian by:
Someone unrelated and more than three years older, or another parent or legal guardian who attempted or committed murder at the time of the abduction.
Is this child in immediate danger of sexual assault, death or serious bodily injury?
Has a preliminary investigation verified the abduction and eliminated alternative explanations for the child’s disappearance?
Is sufficient information available to disseminate to the public to help locate the child, a suspect, or the vehicle used in the abduction?
I suggest you speak to the sheriff again and see which part of the criteria they don't feel is there so they can issue the Alert.
IF THE ANSWER TO 1(A) OR 1(B) IS YES, CONTINUE:
2. Is this child in immediate danger of sexual assault, death or
serious bodily injury?
IF THE ANSWER TO 1 & 2 ABOVE IS YES, CONTINUE:
3. Has a preliminary investigation verified the abduction and
eliminated alternative explanations for the child’s disappearance?
IF THE ANSWER TO 1, 2 & 3 ABOVE IS YES, CONTINUE:
4. Is sufficient information available to disseminate to the public
to help locate the child, a suspect, or the vehicle used in the
abduction?
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.
​Thank you