Custody issues in a small town

[idaho grandma]

Does anyone have any experience dealing with small town, closed society......where police, Prosecuting attorney, Health and Welfare all protect one parent's rights over the other?

We are dealing with a small morman community(I have nothing against the morman faith)  that is very close-knit and one that seems to function primarily as a patriarchal society.  Father was given custody after beating mother and violating a no contact order to stay away from her and children.  Police would not intervene when he threatened her and stalked her and took the children from her after she had moved out of the family home.

 Father filed for divorce about 2 months after beating and got custody of children easily.  Custody order gave him the power of GOD. She is a good mom and has never been in any trouble.  She had no money to fight at the time.

That was over two years ago. She filed for custody modification in 12/05 when she could get the money together. He was arrested on drug charges and Health and Welfare was not called in to protect children.  They were given to his mother (children's grandmother) without notification to biological mother that he was incarcerated. Grandmother had them for 6 months and would not allow visitation for the mother.

Mother was frantic calling all over trying to find her children when he went to jail.  He finally called her collect from jail to go pick up the children (2 hours away)....which she did.  When she picked them up the grandmother called police and had her arrested for felony custody interference. It was probably a set up.    

Judge dimissed charges on her, but now PA says she has to plead to custody interference misdemeanor or they will charge her with three counts of kidnapping.  

Custody modification hearing has not taken place yet.....It has been over a year ago since it was filed.  

I have a couple of questions.
1.  Is there a time limit on how long a judge can put off hearing a custody modification issue? I know there are limits on criminal cases, but this would be civil.  She has jumped through all their hoops....i.e. mediation, home study, etc.

2. Should police have taken kids to Health and Welfare (protective custody) when dad was arrested with drugs in the home? They chose to take them to his mother's.  The police knew location and contact information of biological mother, but never notified her.  Should he have been charged with child endangerment?  Is that required in such a case, or is it just up to the PA?

Father has a rap sheet a mile long and is on probabion right now with other charges pending.  Mother has established home and has a job and means to support children.  She is paying him child support.  

We are beginning to feel like we are dealing with a foreign country.  These officials seem to make up the rules as they go along.  She has a pretty good lawyer, but the father seems to be calling all the shots.  

Any suggestions will be appreciated.

[mistoffolees]

I would suggest two things:

1. Contact Socrateaser on the Socrateaser board since this involves a bunch of legal issues.
http://deltabravo.net/dc/dcboard.php?az=show_topics&forum=106

2. Consider an appeal. If you appeal, it would go to a different court in a different city. I would imagine that the appeals court is used to this nonsense from your local court and would be very sympathetic.

3. Consider going public. While the local newspaper and radio stations probably wouldn't be much help, if you can get some attention outside your local area, maybe you can make something happen. This is, of course, a high risk action with a pretty low chance of success.

Good luck.