Body Attachment - Custody Case

Kconleyk

New Member
Jurisdiction
Maryland
My question involves a child custody case from the State of: Maryland

I have had Primary Custody of my daughter for years, however last week, went to court because of some DUI's my daughters mom received and some other legal issues. It was the final hearing for a modification, and she didn't show up, nor did she do the hair follicle test that was ordered, or turn in any discovery at all over the 5 month process. Her lawyer still showed, and we held the trial as normal, with me being the only witness.

I was awarded Full Physical and Legal Custody, the judge told me he would suggest I allow Day Time visits in which the Grandparents strictly supervise the entire visit. That the frequency is up to me but to at least try and give access the best I can.

A Body Attachment was issued for her, with the judge stating "I have issued a Body Attachment I will rule on Child Support and Paying Lawyer Fees (for filing all the motions for her not turning in discovery, doing the hair follicle test etc). As I understand it, a body attachment is like a warrant, she will be picked up and taken before the issuing Judge or if he isn't on the bench the day she is brought in another judge in the same court. My question is if the judge is going to rule on child support and lawyer fees will I be notified to be there, or will He just rule based off the trial and what she says when picked up on the body attachment.

We also had three sub poenead Police Officers who didn't show for a second straight date, we post poned the trial the first time after they didn't show, the judge issued a body attachment to all three officers. What will happen to them? This doesn't matter in my case but was just curious.
 
A body attachment is just what the words portend.

A body attachment is a court order directing law enforcement officers to seize the person named, bringing her/him before in person to stand before the issuing judge.

You aren't named, therefore you won't necessarily be notified.

Can you be so notified?

I suggest you call the court in question and ask the clerk of said court.
 
Yes, a body attachment is like a warrant that authorizes a person to be picked up and brought before the court.
Either you, your attorney, or both should be present for anything that takes place.
 
Yes, a body attachment is like a warrant that authorizes a person to be picked up and brought before the court.
Either you, your attorney, or both should be present for anything that takes place.

So because of not showing for the trial, her lawyer asked to be removed from the case, so if she gets picked up will she be given time to retain a new attorney or a public defender or will she just go before the judge by herself?

He is supposed to rule on child support and lawyer fees, when she is brought before him; say I can't get off work and he rules on that, will I be notified of the rulings?
 
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