I am trying to file a prepared motion so i can see my daughter. I am confused about the difference between a citation and a supeona. The clerk in corpus also referred me to a form called " issuance of service" and i'm not clear about how that fits into the whole process or what it is for. Any answers would be greatly appreciated! Thank you so much.
Family Law Attorney
You would want to file a Motion for Contempt against the mother of your child for failing to abide by the possession order signed by the Court. In that motion for contempt you would want to list each and every violation of the possession order by date and assert what happened when you tried to exercise your visitation rights for your daughter. In that Motion you will serve ("issuance of service") the mother with the Motion by citation. The citation is a piece of paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case. A form of legal process that commands the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff. So in your motion for contempt you will also need to have a fiat included so the court clerk can set a court date on your motion.
A subpoena is a document that compels someone to come to court or a deposition. Citation involves the process of getting notice to someone about a court date.
Divorce / Separation Lawyer
You need to hire an attorney. Contact the Texas Legal Services Center (www.tlsc.org) if you don't think you can afford one. I would not file anything until you get an attorney. If you file an imperfect motion and have her served with it, you may be wasting your money (service fees). Good luck!