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.
Texas Petition for Writ of Habeas Corpus to Restore Custody to Parent
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Appeals in parental termination and child protection cases are governed by the rules of appellate procedure for accelerated appeals, but include additional expedited deadlines and procedures. See TEX. R. APP.
Petition for Reinstatement A petition to reinstate parental rights may be filed by DFPS, a Single Source Continuum Contractor (SSCC), the attorney ad litem for a child, and the parent whose rights were terminated. Tex. Fam. Code § 161.302(a).
The habeas corpus remedy offers a particularly effective means for obtaining a prompt custody determination?. it may be that custody questions need immediate resolution? A custody determination could?be pursued by petition and order to show cause but a writ proceeding is apt to move to a hearing more quickly.
Note: Texas law allows for parental rights to be gained back (reinstated) in a very narrow set of circumstances. Reinstatement is highly complex and doesn't change the truth that termination is almost always a permanent end to parental rights. Read Requirements for the Reinstatement of Parental Rights to learn more.
Reinstatement means that parental rights can be given back to a parent after termination. It means that a person can become a legal parent again and that they can take care of and live with their child again.
That changed when the 87th Texas Legislature passed House Bill 2962 in May 2021. The law creates a new cause of action allowing families whose parental right have been terminated to bring a lawsuit to have their parental rights restored and to regain custody of their children.
The process of getting legal custody of your child back is rather straightforward: Prepare your case and gather evidence. ... File a petition with the court. ... Wait for the other parent's response, if any. ... Conduct and participate in discovery. ... Try mediation. ... Prepare for the trial.
If the writ is granted, the petitioner will be released from detention, and further proceedings may follow. Appeal (if necessary): If the petition is denied, you may have the option to appeal the decision to a higher court.
