UPDATE (7/28): Hernandez has been granted a conditional dismissal, meaning the case will be dismissed in a year if she complies with court orders and doesn’t break the law.
The conditional dismissal was granted during a July 22 hearing.
The case against Hernandez will proceed if she fails to follow court orders or commits a crime, prosecutors said.
BAKERSFIELD, Calif. (KGET) (3/23) – Last week, we reported on a Bakersfield woman, 28-year-old Amanda Hernandez, wanted for abducting her son from his father. But there’s more to the story.
The custody battle between Jakeel Randall and Amanda Hernandez began last year.
“My son is my whole world and all I was trying to do was protect him,” Hernandez said.
Their 2-year-old son was in his mom’s custody when the couple broke up. But Randall hired an attorney to fight for more time with his son. Hernandez didn’t have representation.
“That’s what got me in this hole because the other side did have representation and they just kept filing and filing stuff on me,” Hernandez said. “I didn’t have the chance to provide the reason of why I was keeping him away.”
Hernandez says she was emotionally and physically abused by her ex, but never reported it to police, and gave no evidence of the abuse in court.
“I have failed to report, to press charges, to file a restraining order, because I was afraid,” Hernandez said.
The court ordered her to allow the father to visit his child. Hernandez refused.
“She outright told the judge no, she would not follow orders,” said Bobby Cloud, the father’s attorney. “We’re talking close to six months that my client wasn’t getting visits, and she just straight denied it.”
On March 4th, the judge gave full custody to the father.
“I would not have been able to get my client custody, had she not done what she did,” Cloud said.
That same day, the District Attorney’s office put out a warrant for her arrest.
“Saying that I abducted him and that he was in danger, but that’s not true at all,” Hernandez said. “I’ve had my son since the day he was born. We’ve never been separated from each other, ever.”
Hernandez was still in Bakersfield. She called attorneys and friends, trying to figure out what to do. Two weeks later, she turned herself in and her son was given to his father.
“It hurt me by giving up my son, but I had no choice,” Hernandez said.
Hernandez recently hired an attorney. Her next court date is April 12.