Policy Text
Policy
348Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2022/05/24, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentChild Custody - 1Child Custody
348.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines when dealing with child custody disputes.
348.2 POLICY
The Garden Grove Police Department is concerned about the rights of all parents in child custody
disputes. Moreover, the department is concerned for the safety and well being of children who
are the object of these disputes. It shall be the policy of the Garden Grove Police Department
that parents' rights shall be protected; however, the primary concern will be for the health, safety
and welfare of the child.
348.3 CUSTODY ORDERS
When presented with what appears to be valid court custody orders, officers should make an
attempt to read and understand the orders to determine which parent has rightful custody of the
child or children. Officers should make every attempt possible to find an agreeable solution to
custody dispute. Officers should not forcibly remove children from either parent unless there are
articulable reasons that lead the officer to believe the child may be in danger of suffering serious
physical or emotional injury as defined in W&I Code Section 300 if left in the custody of the parent.
Furthermore, officers should not enter into dwellings, homes or private areas without lawful court
orders or articulable exigent circumstances permitting such entry to search for or remove children
to transfer custody to one or the other parent or guardian.
348.4 REPORTING
Upon determining that there may be a violation of a valid child custody or visitation order, officers
should refer the parties back to the family court for settlement of the dispute. When appropriate
or necessary, the officer should complete a PC 166.4 crime report indicating the circumstances
of the alleged violation of the custody or visitation order. Because custody and visitation orders
can be confusing and may be in conflict with other orders, officers should not attempt to enforce
the order by awarding custody to either parent during a dispute. Contrary to domestic violence
orders where officers have a duty to act, custody orders do not mandate action by an officer. In
accordance with W&I Code Section 300, unless there is a clear and articulable cause for concern
for the physical or emotional safety of the child by leaving the child in the custody of the parent,
officers should not forcibly take custody of the child. If officer intervention is required, the child
should be taken into protective custody under W&I Code Section 300.