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 With Child Custody In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000277
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Word;
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FAQ
Parents generally have a sole custody arrangement when both parents agree that it is in the child's best interest, one parent travels extensively for work and finds it difficult to have a child live with them, the parents live far away from each other, one parent has problems with substance abuse or is mentally ...
Common arguments for granting a habeas corpus petition include: You had incompetent legal counsel or a competent attorney was not provided. You were convicted under an unconstitutional law; You were convicted under a law that has since been changed, so what you did is no longer considered a crime;
How Can I Win My High Conflict Custody Case? Work with an attorney. Keep detailed records of communication and incidents. Follow the court's orders. Be reliable. Be open and honest. Focus on your child's needs.
Obtaining sole custody in Pennsylvania requires proving to the court that it is in the child's best interest for you to have sole legal and physical custody. This process requires a substantial amount of evidence to sway a judge, as most courts consider having both parents in a child's life to be the ideal situation.
In order to take full custody either way 1 parent needs to prove that the other is unfit to be a parent and a danger to the child. physical custody normally gets awarded to the parent that shows the most respect twords following the court ordered visitation schedule and willing to be civil with the other parent.
In order to file a petition for habeas corpus in federal court, you must satisfy the following conditions: You must be duly convicted prisoner serving time in a Pennsylvania prison; The writ must first be filed in Pennsylvania Supreme Court; You must have exhausted all other appeal options;
Focus on factual statements and what you believe is best for the child. Irrelevant Information: Do not include information that is not relevant to the child's welfare or custody matter. The court's primary concern is the best interests of the child. Legal Jargon: You don't need to use legal jargon.
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.
(A) A petition for writ of habeas corpus challenging the legality of the petitioner's detention or confinement in a criminal matter shall be filed with the clerk of courts of the judicial district in which the order directing the petitioner's detention or confinement was entered.