Amish Customs Vs American Laws?

May 2021 3 82 Report

Amish Customs Vs American Laws?

I know a friend of a friend who escaped/ran away from her Amish community and, in the chase/get away, couldn't hold both of her kids and had to leave one behind. She has never seen her other child after that. I was wondering why she cannot go back to the Amish community and take custody of her other child (with law enforcement or CPS involvement or something). It doesn't seem fair that religious laws can override someone not being able to take custody and be with their own child. Please explain the US laws surrounding this situation and specifically why she cannot retrieve her child.

Politics & Government / Law & Ethics

Anonymous

I'm not an expert on child custody law or the laws of the Amish community, but I'm 100% sure of this: If she has, or can get legal custody of her child, then she can take the police there and get her child back. The Amish won't even put up a fight (they're pacifists). If someone in the Amish community (a family member I'd presume) has legal custody of the child, then they get to keep the child. But whatever the courts say is what will happen. If it's her child and she has legal custody of her child, she can go get the child, the Amish have no special right to hold onto a child that none of their members has any legal custody of.

George

Amish religious laws do not EVER override State/Federal laws on child custody or visitation.....

The only thing that would prevent her from retrieving her child is a Custody Order issued by the Family Court of that State saying that she no longer has physical custody of the child..

If the Father filed for physical custody of the remaining child after she ran away and it was granted by the court under the states abandonment laws then she would not be able to take the child away from the Father..

However Amish are not usually the type to deal with going to court for such matters of child custody.

So its entirely possible that she still has joint custody of child with the father under the laws of the state.

If she decides not to persue custody of the child or persue visitation rights to the child (she abandoned) through the family court system then she is out of luck...