legsddd said:
hi,i am asking this question for my friend who's ex-husband is quite nuts.they have joint legal custody of their 15 year old daughter and he had her locked up in the alabama youth detention center for harrassing him.no one notified her to come and get her daughter first and she was under the impression that legally the state of alabama was supposed to advise her of the situation first in order for her to get the chance to pick up her child before the situation got this far.is this correct or was he within his legal rights?
My response:
Your term "harassment" is too vague to give you any real answer. However, no one has their Constitutional Rights stripped through any form of incarceration without having committed an illegal act. Therefore, I must presume, that long before her lock up in the Youth Authority Detention Center, that she committed some form of criminal act, the police were involved, she was arrested, she went to court, and was found "responsible", and thereafter sentenced to the Youth Authority Detention Center for her crime(s).
In that scenario, then, he was within his rights, and the State does not need to give Mom any form of Notice. She was within the Jurisdiction of the State, and the State can handle the problems of it's own citizens.
So, if I'm wrong, and you care to give much more details than you have already given, then please come back. I might be able to give you a better response.
IAAL
