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How can a writ of Habeas Corpus be enforced when the parent in?

Aside from the questions raised about the appropriate use of a writ or habeas corpus in the situation described, the question of service is what was asked. Service of process is required to allow the adverse party notice of the opportunity to appear and defend a court action. Even if the other party is avoiding service, the court will not act until service is complete. There are alternatives on how service can be accomplished, usually described in the state rules of civil procedure. State law decides what is proper service. Service can be done in person anywhere the person can be found. So, it is important to provide good addresses, such as a work address, along with times the person will be at the address. The process server is not responsible for tracking down without an address. Obviously, if the person cannot be located for purposes of service, locating the child(ren) will remain problematic. Consult a Texas attorney to figure out a solution to service. In some locations, a private process server is permitted, which might be helpful since law enforcement who serve civil court documents may only attempt service during daytime hours. You dont say where the court action is pending or if an attorney is representing you. If you are representing yourself, now is the time to involve an attorney to represent you. If you are not in Texas, you may also need to involve an attorney in Texas. I know this starts to sound expensive, but you are describing a situation where you may be entitled to an award of your attorney fees if the other parent is violating a court order.

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