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When is a writ of habeas corpus appropriate? It is used when a child is being wrongfully detained. The court will decide based on the best interests of the child who should have custody.
If filed in a Texas state court, the petition is a are sworn document that has to include:a statement that the petitioner is being held illegally,names or descriptions of the people or agencies detaining the petitioner,a copy of the detainment order, if possible, and.a request for a writ of habeas corpus.
When is a writ of habeas corpus appropriate? It is used when a child is being wrongfully detained. The court will decide based on the best interests of the child who should have custody. However, a writ of habeas corpus cannot be brought to modify custody.
The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.
Writ of Habeas Corpus: How it Works A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention.