Are people formally summoned as witnesses in child custody hearings, and what happens if they can't show?

Question Details: I recently broke up with my girlfriend of a year, and am moving back home (800 miles away) in a few days. Her mother has a history of trying to take her kids away from her, none successful, and now she is trying again. Her mother wants me to be a witness to her daughters stability in the upcoming hearing, but I will not be here, and don't really want to be involved. Can the court subpoena me to testify, and would I face charges if I was unable to attend?

Asked 10/31/2009 under Criminal Defense | 186 View(s) | More Legal Topics

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Criminal Defense Law Answers

I am a lawyer in CT and practice in this area of the law.  A person may be compelled to go to court in a jurisdiction is they are subpoened.  However, the subpoena has limits.  Generally, if the person that is being subpoened to court is more than 100 miles than the person is not subject to the court's subpoena power.  in this case you are 600 miles away.  therefore, if you do not want to come to court you canot be compelled as a matter of law.  as such, you do not have anythign to really be concerned about as far as going to court.  you can however, be compelled to have your deposition taken in your state to be used at the trial, but you will not have to go to court.

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