Q: Grandparent has filed summons regarding my child to appear in Bexar county family court, but I live in Georgia.
My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or to pay for representation to appear in person. Since she won't be able to appear in court Tuesday, what can she do to prevent having a ruling against her next Tuesday?
My niece moved to Georgia in September 22' and sent her daughter to the grandmother in December 22' on a mutual agreement for the child to return to the mother in a couple months. The grandmother refused to return the child when my niece went to pick her up and accused her of abandoning the child and my niece had to go out to Texas a second time and file for a Habeas Corpus to get her child back. She returned to Georgia with child in August 23'.
A:
In this situation, it's important to respond to the summons, even if your niece cannot physically appear in court in Bexar County, Texas. Ignoring the summons or failing to respond can result in a default judgment against her, potentially impacting her custody rights.
She should immediately contact the court, explaining her inability to travel due to financial constraints and request alternative arrangements. Courts often allow for telephonic or video conference appearances, especially in cases where distance and financial hardship are factors.
It's also crucial for her to file a written response to the summons, outlining her position and circumstances. If she cannot afford an attorney, she should seek out legal aid services in Georgia or Texas that might assist in family law cases.
Given the previous incident of the grandmother refusing to return the child, it's important to document all communications and attempts to resolve this matter. This history will be relevant in court to demonstrate her ongoing efforts to maintain custody and care for her child.
Lastly, it's advisable for her to gather any evidence that supports her role as the primary caregiver and her efforts to retrieve her child. This includes any legal actions she has taken, like the Habeas Corpus filing, and communication records with the grandmother.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
