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.
Texas Writ Of Habeas Corpus Form With Child Custody In Riverside
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State:
Multi-State
County:
Riverside
Control #:
US-000277
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Word;
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FAQ
Art. 11.05. BY WHOM WRIT MAY BE ISSUED. The court of criminal appeals, the district courts, the county courts, or any judge of those courts may issue the writ of habeas corpus, and it is their duty, on proper application, to issue the writ under the rules prescribed by law.
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.
(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court.
Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detention.
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.
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 your child refuses to spend time with the other parent due to a reason concerning their safety and any family violence concerns, you should seek legal advice immediately. Although a child has a right to a meaningful relationship with both parents, it should not come at the compromise of their safety.
(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court.
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.
Enforcing a Custody Order: If the non-custodial parent is not following the custody order, document the violations and seek assistance from your Texas divorce attorney. The attorney can help you file a motion for enforcement under Texas Family Code § 157.001.