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Thoreau (T-USA)
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HOW CAN A JUDGE LET AN INTERNATIOMAL PERSON (HOLLAND) KNOWING

Customer Question

HOW CAN A JUDGE LET AN INTERNATIOMAL PERSON (HOLLAND) KNOWING SHE HAS A WARRENT FOR HER ARREST IN THE U.S. deal with her custody case over th phone. After two years she's claiming D.V. as of December 2008
Submitted: 4 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 4 years ago.

Disclaimer
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.
By reading further, you understand and agree to all that is written above.

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Answer:


In some instances, courts will allow a party to appear by telephone. Each jurisdiction has its own requirements and forms for telephone appearances and the individual requesting a telephone appearance must typically petition the court to allow such an appearance. While a court may allow an international person to appear via telephone due to hardship, if the hardship is driven by the person's desire to avoid arrest, it seems less likely that the court is going to approve such a petition. Further, a court may consider a person's outstanding warrants in establishing custody and visitation.

In such an instance, the international person really needs an attorney's representation. Altering custody is a big decision for a court, particularly when it yields a major move for the child (such as to another state - international moves being an even greater issue). However, under some circumstances, such alteration is possible when it's in the best interests of the child. Further, if custody cannot be altered, the court may set a visitation schedule for the international parent.

While I realize that an attorney's representation can yield a great expense, it would be an excellent investment. If money is scarce, there may be low-cost or free legal clinics available for this purpose. The state bar association may also be able to assist in locating those. If there are no such clinics, you may be able to work out a payment plan with your attorney. Alternatively, a client may be able to seek a loan or pay the attorney via credit card.


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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

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