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.
Habeas Corpus For Child Detained By Parent In Massachusetts
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In most cases, the other parent (or guardian/conservator) will end up being granted the right to make all the decisions. Not only can you expect not to have any access to your kids, the courts generally will not require the other parent to bring the child up to the jail or prison for visits.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
Henceforth the rights and responsibilities of the parents in the absence of misconduct shall be equal, and one parent shall be as fully entitled to the custody, control and earnings of the children as the other parent, and in case of one parent's death, the other parent shall come into full and complete control of the ...
You can go to court and ask a judge to grant you sole custody of the child with all the parental rights and duties. The Dad will have limited input since he's in prison.
Q: Can One Parent Keep a Child From Another Parent Without Court Orders in Massachusetts? A: One parent cannot keep their child from the other parent without a court order unless there are safety issues like abuse.
If there is no order and you leave - it's parental kidnapping. If one parent stops another from seeing their child it's called alienation. The one parent can't just keep the child. And the other parent can't leave with a child. This falls under ``gatekeeping'' ``parental kidnapping'' ``alienation''.
If the parents were never married, and there is no custody order in place, the mother has sole legal and sole physical custody of the child unless a judge orders otherwise. Unlike most other states, this is true even if legal fatherhood (paternity) has been established by the father.