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.
South Carolina Petition for Writ of Habeas Corpus to Restore Custody to Parent
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To modify South Carolina child custody, you must show that 1) there has been a material change in circumstances (the change in circumstances happened after the court's original child custody determination), and 2) the change affects the child's best interest.
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.
A Writ of Habeas Corpus is one of the primary ways of obtaining a client's freedom based on his or her actual innocence. Actual innocence Writs of Habeas Corpus can include witness statements, affidavits, and other external evidence that shows how the client has been wrongfully convicted.
Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from an illegal or improper detention. The writ also extends its influence to restore the custody of a minor to his guardian when wrongfully deprived of it.
Habeas Corpus This writ is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention.
Description. A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
In view of the pronouncement on the issue in question by the Supreme Court and the High Courts, in our view, in child custody matters, the writ of habeas corpus is maintainable where it is proved that the detention of a minor child by a parent or others was Page 4 illegal and without any authority of law. 20.