In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. However, federal habeas corpus proceeding cannot normally be used as a vehicle to change a state court's child custody decision.
Indiana Emergency Custody Forms For Child Custody
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How to fill out Petition For Writ Of Habeas Corpus To Restore Custody To Parent?
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Filing fees vary by county and case. Expect to pay between $130 and $200 when you file. Your county may have additional costs, including fees for motions (e.g., a request for temporary orders), notary services and making copies.
If the grandchild's custodial parent dies or cannot safely care for the child and the other parent does not have custody, the grandparent can file a petition with the court for emergency temporary custody.
Whether you are able to file for emergency custody will depend on the facts and circumstances of your particular matter; rarely this can be obtained on an emergency, ex parte basis. Most of the time the court will set an emergency hearing and require your counsel to get personal service on the other parent.
Emergency custody happens when a child is not safe in their home and is therefore removed from the home. The child is placed in protective emergency custody awaiting an initial hearing within 48 hours, excluding Saturdays, Sundays and certain legal holidays.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.