This is a petition for a writ of habeas corpus to regain physical custody of a minor child who has been taken by the non-custodial parent
This is a petition for a writ of habeas corpus to regain physical custody of a minor child who has been taken by the non-custodial parent
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1. The petition for a writ of habeas corpus must be accompanied by the full $5.00 filing fee.
Go to the Court Coordinator's Office for the District Court in which your case is filed. Ask to make an appointment with the District Judge to hear your Petition for Writ of Habeas Corpus to Return Child (and Request for Writ of Attachment, if applicable). What if the Respondent has a lawyer?
BY WHOM WRIT MAY BE GRANTED. The Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of habeas corpus; and it is their duty, upon proper motion, to grant the writ under the rules prescribed by law. Acts 1965, 59th Leg., vol.
A petition for writ of habeas corpus is typically filed in the Superior Court where the petitioner was convicted. The Court receiving the petition will then evaluate it within 60 days by asking whether, assuming the petition's factual allegations are true, the petitioner would be entitled to relief.
If filed in a Texas state court, the petition is a are sworn document that has to include:a statement that the petitioner is being held illegally,names or descriptions of the people or agencies detaining the petitioner,a copy of the detainment order, if possible, and.a request for a writ of habeas corpus.