Writ of Attachment
In child custody cases, a writ of attachment is an emergency court order for law enforcement to immediately return a child until a hearing can be held. A parent may ask for a writ of attachment if the child is in immediate danger or if the other parent is likely to hide or move the child before a custody hearing.
Writ of Habeas Corpus and Writ of Attachment
If a child is being kept by one parent against court orders, the other parent may file a petition for a writ of habeas corpus. A Writ of Habeas Corpus requires the person with the child to come to court for a hearing. At the hearing, the judge listens to both sides and decides if the child should be returned.
The parent may also ask the court for a writ of attachment if the child may be harmed, hidden, or removed from the state before the hearing can occur. A writ of attachment orders the respondent (person refusing to return the child) to surrender the child to law enforcement.
The Writ of Attachment is given to (served on) the respondent by law enforcement, who will immediately take possession of the child and bring the child to court, the party who requested the writ, or an appropriate agency like Child Protective Services.
Who Can Ask for a Writ of Attachment?
You may ask for a writ of attachment at the same time when filing a petition for a Writ of Habeas Corpus if the child is at risk or the person who has the child is unlikely to obey the Writ of Habeas Corpus.
The following people may file a petition for a writ of Writ of Habeas Corpus:
- Anyone whom a court order gives the right to have possession/custody of the child.
- The parent, when there is no custody order and the child is being kept by someone who is not a parent.
Law enforcement officers may be directed by the court to take immediate action to pick up the child and deliver them to a designated person or agency, such as Child Protective Services, for temporary custody pending further court proceedings.
The court will then schedule a hearing to review the circumstances surrounding the issuance of the writ of attachment and determine the appropriate course of action regarding the child’s custody and welfare.
Relevant Laws: Texas Family Code section 157.372(a), Texas Family Code section 157.376(a).
Conclusion
In the context of child custody cases, a writ of attachment may indeed be used as an emergency measure if a child is in danger or the person is likely to flee with the child before a hearing can be held. If necessary, a parent can ask for a writ of Habeas Corpus and a writ of attachment at the same time.
To request a Writ of Attachment, you must demonstrate that the individual currently in possession of the child is likely to relocate or conceal the child, and is unlikely to comply with the Writ of Habeas Corpus.
Words from Those We’ve Guided
Read our clients' stories
-
She helped me at two extremely difficult times in my life- the death of my husband and then my mother- to sort through probating their wills. I highly recommend her to anyone.- Patti H.
-
Ruby Bolton and the Bolton law firm really showed up for the case my wife had against her ex-husband. From her first visit at consultation to picking up the final draft, she felt like she was in good hands. At the end of all this, my wife was able to get some relief and was able to put her ex in check. We got the passport docs, got it to make it mandatory to take the kids to all their sporting events on his weekend, and his child support was reinstated.- David V.
-
I had an amazing experience working with Ben Sander and Kassandra Ramirez during my divorce process. They made everything clear and smooth from start to finish, always taking the time to explain each step and answer any questions I had. Both were extremely responsive and professional, and I always felt supported and informed throughout the entire process. I truly appreciate all their help.- Gabriella P.
-
I had a wonderful experience working with Sara Saeed. She provided a very thorough and detailed consultation, making sure all of my questions were answered. Having worked with other attorneys in The Woodlands area before, I truly appreciate Sara’s knowledge, expertise, and the care she brings.- Polina S.
-
Paige Pritchard made the process seamless and stress free. Her support on my case put me at ease during the entire filing process. I cannot thank her and David Greer enough for their attention to detail and personal attention they have my case.- Dianie S.
-
Rob was very good to answer all my questions and worked hard to keep my case moving even when opposing counsel was slow to respond. While my case was expensive, it was not outside of what I expected to pay. Thank you for the great work.- Jen M.
-
I still have another day of trial, but I have already seen Shaunte fight and stand her ground. I wish I would have found her sooner, she has so many strengths and she is the attorney you want on your case even when things seem hopeless, she finds a way to fight. She is not intimidated at all, she is very respectful and caring and in court she knows how to keep fighting for what is right !!! Thank you so much Shaunte. I will forever be grateful for your help.- Lali M.
-
Kassandra, my paralegal, kept me updated regularly and was such a great support through the whole process. Attorney Henry and Bolton handled everything with grace and were able to achieve a better outcome than I expected. 100/10 recommend Bolton Law for anything family law related!- Sarah
.png.2511031331061.webp "Texas Bar College")
.png.2511031331222.webp "Expertise 2022")
Not Just Getting You Through We don’t just handle your case, we help you rebuild your life with confidence