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.
Writ Of Habeas Corpus For Child Custody In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
1. Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.
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.
If a court order gives certain custody or visitation rights to a party and the other party fails to obey the order, the complaining party may file a petition alleging a violation of the order.
The court may rule on behalf of the plaintiff in the case and make a judgment/ruling on the case without your testimony. If the non-custodial parent was served with papers and they do not show for the hearing , then they get what they got coming.
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.
Grounds for a writ of habeas corpus in New York exist when a person is unlawfully imprisoned or detained. A writ of habeas corpus is a limited remedy in New York compared to other states and the federal statute authorizing the writ. Most challenges to a conviction are accomplished by appeal or a CPL 440 action.
State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers. However, this trend is changing as courts increasingly focus on the best interests of the child, considering many factors beyond traditional roles.