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 Minor Child In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
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.
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.
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.
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.
A Federal Writ of Habeas Corpus is a procedure where federal courts with national power can review the legality of an individual's incarceration.
After the Writ of Habeas Corpus is filed, the Court has a few options. The Court may deny the Writ, the Court may request that the government submit a response to the Writ, or the Court may grant the Writ.
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.
Habeas Corpus is a legal action through which a person can seek relief from unlawful detention. In custody disputes, a parent may file a writ of Habeas Corpus asking the court to order the other parent to return the child.