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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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If a judge signs a writ of attachment and the child is out

Customer Question

If a judge signs a writ of attachment and the child is out of town what happens the date to come to court is the 23rd of july
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
Please tell me
1 Where is the child and when will they return?
2 What is this in regard to - child custody or something else/what?
Customer: replied 1 year ago.
The mother passed away, I went to get my daughter I've been paying child support for 4yrs. the family said i could not have her went to police with my proof I was the father did no good , finally hired a lawyer to do the writ of and to get my daughter, when in court the judge allowed a boyfriend that was not on writ to speak with the family and I asked for drug test they admitted to being users, then boyfriend said for me to take test my lawyer said nothing so I agreed I don't do drugs work out regularly, any way their test had all kinds of drugs in it and they said my tet came back positive I said impossible for what they said Meth, if you look at me you know that's a lie, then the judge said ok grandma my mom I'm giving you the child come back to court of the 23 july, but take a drug test my mom said ok, plus the Judge said if not child goes in CPS custody I don't know what is going on but my moms test came back positive for Meth too, and high like 6000 she gave them all her meds she takes cause she has asthma, they said that didn't matter, the test proves she takes drugs regularly, now they did a writ of attachment and my mom went to Atlanta with my brother with my daughter since she was in her care,my brother is in ICU after surgery, this is a nightmare, then I find out the lan that tested us has a law suit pending for falsifying test but the courts give him Judicial immunity, I'm in Texas they won't let me change venues to Houston cause I think something is going on in that court.
Expert:  Samuel II replied 1 year ago.
HelloThank you. I am sorry to hear of all these complications for your child. And it is quite a quagmire for you and your attorney. In answer to your question "... what happens..." if child is not produced, I suggest if the child is not brought to court as directed then you can be penalized for contempt as allowed by law which states:Art. 24.011. SUBPOENAS; CHILD WITNESSES.(a) If a witness is younger than 18 years, the court may issue a subpoena directing a person having custody, care, or control of the child to produce the child in court.(b) If a person, without legal cause, fails to produce the child in court as directed by a subpoena issued under this article, the court may impose on the person penalties for contempt provided by this chapter. The court may also issue a writ of attachment for the person and the child, in the same manner as other writs of attachment are issued under this chapter.I suggest you need to discuss this in detail with your attorney and see what the plan is to Show Cause at the hearing why the child is not being produced.