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 Custody In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
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
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.
Character witnesses should be individuals who are familar with your family and have observed your interactions with your children. They can be family members, but non-family is best as they will not have a bias.
The court will take many factors into account when determining custody. Depending on the child's age, intelligence and maturity, the child's preference can be taken into consideration. Other potential factors include the parties' work schedules and past abusive conduct on the part of either party.
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.
Custody Battle Blunders: Top 10 Mistakes To Avoid Negative Speech About The Other Parent. Seeking Sympathy From The Child. Poor Communication With The Other Parent. Unjustifiably Withholding Access With The Other Parent. Misrepresenting Substance Abuse. Separating Siblings In Blended Families.
The more evidence you have, the better your chances of winning your custody battle with a narcissist. Document Everything. Gather Witnesses. Focus on Your Children's Best Interest. Hire a Skilled Attorney. Consider Requesting a Child Custody Evaluation. Consider Requesting Alcohol or Drug Tests.
Thus, to effectively file a writ of habeas corpus in California state court, an inmate must have been convicted and either serving a sentence of incarceration, probation or parole. They must have also filed a direct appeal to the appellate court and then to the California Supreme Court.
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.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.
