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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is a prosecuting attorney within his/her legal right to disregard

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Is a prosecuting attorney within his/her legal right to disregard a court order granting full physical and legal custody of a minor child to a parent, by allowing said child to reside with his/her non custodial parent prior to that parent obtaining a modification order?

No. One court cannot cancel another court's orders, as in here. What you need to do is if the court rendered an order that contradicts the original order from the family court, is to appeal this order from criminal court to the appellate division. If the prosecutor simply forced this without a court order, you may seek a clarification from the family court via a 'motion for clarification' as to what your rights/duties are, and that would override the prosecutor.

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Customer: replied 6 years ago.

In this case, reliant solely upon the statements of a dissatisfied (with basic disciplinary measure, ie; guidlines on cellphone and automobile use) and newly enticed (via allowance to do anything she desired without consequence) 16yr old girl, our local county prosecuting attorney (upon finding she was indeed staying with her estranged natural father who had concealed her from her mother and authorities for weeks in direct contradiction to the custody order in place) told local city and county authorities to allow her to stay with her father and remover her from the county runaway list.


Is this not criminal?

It is not criminal, but it is wrongful to do. What you need to do is to go back to family court and file a 'motion for clarification' to affirm the court's order with these developments. The Judge will either affirm the previous order or will agree with the prosecutor, but very likely the latter.
Customer: replied 6 years ago.

We went to court 9 weeks later and the inattentive judge granted custody to her father who 3 months later signed a lease for her to move into an apartment with her boyfriend. The judge did finally (8 months later) utilize our order to show cause and call the father and his attorney to justify their manipulative charade. Now the judge is retiring and passed the baton to the new guy. Hopefully he'll actually look at the evidence and make the right call.


Thanks for your input!


I accepted your first response and appreciate your time.

Thank you, XXXXX XXXXX wish you luck on this matter. Let's hope the new Judge is indeed more attentive!