This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Printable Writ Of Habeas Corpus With Child Custody In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-000277
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Word;
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FAQ
If you no longer want to continue with your custody and visitation case, you can file a motion asking the judge to dismiss it. However, if the other parent has already come to court or filed legal papers in the case, both you and the other parent must sign the motion for dismissal.
A change in circumstances is when something important in a family's life changes, like when a parent loses their job or gets sick.
The custodial parent frequently moves. The custodial parent frequently changes jobs or has unpredictable working hours. The custodial parent has experienced a significant change in income. The custodial parent routinely fails to make the child available for visitation with the other parent.
Disrespectful Language : Avoid using any form of disrespect, such as insults, sarcasm, or derogatory remarks about the judge, the opposing party, or even the legal system. Negative Comments About the Other Parent : Speaking poorly about the other parent can reflect badly on you. Emotional Outbursts
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
Some of the characteristics of an unfit parent include: Abuse – Any evidence of emotional, physical, verbal, or sexual abuse will render a parent unfit. Neglect – Neglect, also referred to as abuse by omission, can include failure to provide adequate care.
If the court grants the writ of habeas corpus, it may schedule a hearing to determine the child's custody or visitation arrangements. During the hearing, both parents will have the opportunity to present their arguments and evidence.
Some of these “substantial changes” could include remarriage, job loss, criminal conduct or a change in lifestyle. The judge may also be willing to hear requests from children over the age of 12 who want to spend more time with one parent.