Get Petition For Writ Of Habeas Corpus Child Custody - Fillable &...

What is a Petition for Writ of Habeas Corpus? A Petition for Writ of Habeas Corpus is a lawsuit where the person with the court-ordered or legal right to possession of a child (realtor) asks the judge to sign an order that the relator has superior right to possession of a child to secure a child's return.

Whoever is unlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment, restraint, or deprivation.

SCOPE OF 28 U.S.C. § 2254. You may file a petition for a writ of habeas corpus under 28 U.S.C. § 2254 if you are in custody pursuant to the judgment of a state court in violation of the federal constitution or federal statutes. You may challenge either the fact or duration of your state sentence.

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

Habeas corpus is a legal rule that requires a prisoner be presented in court and that the arrester prove that there is proper cause for detaining the prisoner. Put simply, it means that if you are arrested, you have the right to make the government prove to a judge that your arrest and detainment are justified.

The term habeas corpus comes from the Latin meaning “that you have the body” of the detainee brought before the court or tribunal. Typically, a petition is used when asking for a writ of habeas corpus to be issued. The writ of habeas corpus commands the person in custody to be presented.

A court hearing a Writ of Habeas Corpus has the authority to schedule a new trial, modify the sentence given by the prior court, and even order the immediate release of a prisoner who is wrongfully confined.

The habeas corpus petition must be typewritten or legibly handwritten. All questions must be answered clearly and concisely in the appropriate space on the form. You do not need to cite law. You may submit additional pages if necessary.