Legal Question in Family Law in Texas

Writ of Attachment

In regard to a writ of attachment, pertaining to child custody, who is authorized to serve the writ?

Asked on 2/28/01, 3:54 pm

1 Answer from Attorneys

Eric Williams Law Office of Eric L. Williams

Re: Writ of Attachment

A writ of attachment, being a direct order from the court to "take the body of the child" and deliver the child to another person - usually the other parent, should only be served by a constable or sheriff. The danger involved in physically taking a child away from someone is such that only those law enforcement officials should attempt it. Since the court is required to find that there is a serious and immediate question concerning the welfare of the child, it usually follows that there will be a serious and immediate danger to anyone trying to serve a writ of attachment.

I have made application for a writ of attachment in the past and been denied because the judge believed that if he granted the writ & sent an officer out to take the child, it would put the child in more danger. That same judge did grant a writ of habeas corpus directing that the child be brought to the courthouse on the hearing date. Fortunately we were able to get the child back to the mother that way, without any further violence.

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Answered on 4/28/01, 1:22 am

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