How do I get my daughter's mother to show up to court? She is preventing my ability to contact our daughter and see her for over a year already. I have my first preliminary Family Court appearance coming up soon and I know she will not appear. What can I tell the Judge so that he understands my situation and then what is the proper procedure that I need to take in order to move the case forward even though the mother is doing everything to block me to have a hearing?
Where is your lawyer? You need one.
A default may be the right road.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
If you don't have a lawyer, get one to file an enforcement. If you do have a lawyer, ask about service of the show cause order. This is not DIY.
I am not intending this to be legal advice, because I don't know the particulars of your situation.
This website is for general information only. It's impossible to address specific questions without a lot more info. Such as which judge? Each judge has their own court policies which may or may not be posted on their website - and they are free to change the policies whenever they want.
So hire a lawyer and do it right the first time! Otherwise you will regret it and you will then spend thousands of dollars trying to "fix" your mistake.
Fran Brochstein has been a licensed Texas attorney over 24 years & has an active mediation practice. She also accepts a limited number of uncontested family law cases in Harris County at a flat-rate price. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem.
Sounds like you to file for an enforcement and get her served. Enforcement's can be really technical so you would best served by having an attorney. If you follow the correct steps then you can have a hearing without her and default her.
Afterwards your attorney can help you with the next steps. You can read more about enforcement's at http://www.bryanfagan.com/Family-Law/Divorce-Decree-Enforcements.aspx
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