HARRIS COUNTY, Texas (KTRK) – An ongoing custody battle has now investigated an internal affairs department of a Harris County’s 6th deputy police officer.

It is a case where both sides, armed with cell phone videos, say they are right.

The incident occurred on May 21st. In a cell phone video that Eyewitness News received, you can see deputy Mariah Martinez at the door of her ex-husband Marco Hernandez’s home. She is in full uniform and her police car can be seen in the back.

“Where’s Marco?” You can hear her say before asking to see her daughter.

Both Martinez and Hernandez have cell phones that will record the encounter. Hearing Hernandez talk about the encounter was intimidating to see his ex-wife in uniform show up at his home with her new husband, a representative from the Harris County Sheriff’s Office.

“Unfortunately I don’t know what to do in this situation,” said Hernandez. “She came on patrol and in uniform and her husband was right there.”

He also said the situation scared his mother, who was at home at the time.

Martinez’s attorney Tom Nixon paints a very different picture. He said she was following a court order on child custody and the fact that she was wearing uniform is irrelevant.

“She happened to be on her way to work and she wanted to stop and see her kid and say ‘hello’ and she did,” said Nixon.

Hernandez said he was concerned enough that day to call local law enforcement officials. This prompted MPs for Harris County Precinct 2, where he lives, to respond. The video shows that a supervisor from District 6 has also shown up.

Martinez didn’t see her daughter that night and then hired Nixon.

“He’s doing everything he can to alienate this kid from his mother and it’s terrible,” said Nixon, who admits Martinez has missed a number of visits over the years but is now in a better financial position. “She finally has enough money to get a lawyer to help her. We’ll do that.”

Hernandez denies that he wants to prevent a mother from visiting her child.

“I offered to make another arrangement,” he said. “We’ve spent a lot of money. I’ve lost my business, my patience, my peace.”

The Harris County Precinct 6 Police Officer’s office has confirmed that they have opened an internal investigation into the incident, despite Martinez remaining in office.

“How there is a claim to official repression is a mystery to me,” said Nixon. “It’s the stupidest thing I’ve ever heard. There’s a court order that says she’ll be entitled to possession of the child at 6:00 p.m. on a Friday.”

The incident is still being investigated.

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