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.
Petition Writ Of Habeas Corpus With Child In Texas
Instant download
Description
Free preview
Form popularity
FAQ
A Writ of Habeas Corpus is a court order to the person in possession of a child to appear in court with the child for a contested hearing. An Order to Appear is a court order to the person in possession of the child to appear in court without the child for a contested hearing.
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.
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;
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.
Failure to abide by the court ordered visitation rights of the non custodial parent can result in anything from court proceedings (and legal fees) to losing primary custody of the child or even jail if that is what's a judge decides for repeatedly refusing to follow the court order.