Legal Question in Family Law in Texas
My 15 year old daughter may be subpoened in a divorce custody battle that she is not a party too (it is my roommate's custody battle). She would have to miss school etc. and suffer undue emotional distress of testifying. What can I do to get this subpoena vacated? They also have her on the witness list with her nickman --- not her legal name -- does that matter? They of course have me listed but with the wrong last name (not even the right one). I have no problem testifying I just don't want my daughter to go through that. He has been trying to bully me to force his ex-wife to move out and this is just another tactic but via my daughter.
1 Answer from Attorneys
There are several things I would do:
1. Call your roommate's attorney and ask for advice. If she does not have one, she needs one pronto. Look on this site and on www.avvo.com for an attorney.
2. Call the court's clerk and notify the clerk that a minor is subpoened to testify. Inform the clerk that the child will have to miss school. Ask what you need to do. You will need some proof of her age -- such as a report card since she probably does not have a driver's license yet. Most judges don't want minors testifying.
3. Hire your own attorney to represent her & ask the judge not to have her testify.
That is what I would do.
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