When an individual is arrested and detained by law enforcement, they may file a petition for Writ of Habeas Corpus to challenge the legality of their detention. A writ of habeas corpus is a court order that requires a person or organization holding another person in custody to appear before the court and justify the detention. There are many factors to consider when filing a petition for Writ of Habeas Corpus, and it is important to carefully complete all required forms. The Sample Petition for Writ of Habeas Form on our website can help you get started.
We've gathered some useful facts about the sample petition for writ of habeas. There, you will find the information regarding the document you intend to fill in, including the assumed time to complete it along with other data.
| Question | Answer |
|---|---|
| Form Name | Sample Petition For Writ Of Habeas |
| Form Length | 6 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min 30 sec |
| Other names | petition for writ of habeas corpus to return child texas, petition corpus child, sample petition for writ of habeas corpus child custody, writ of habeas corpus child custody texas form |
PETITION FOR WRIT OF HABEAS CORPUS AND EMERGENCY RETURN
OF CHILD PACKET
FACTS AND QUESTIONS
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 petition for writ of habeas corpus in Georgia is governed by O.C.G.A. § 9-
Who can bring a petition for writ of habeas corpus? A person who has legal right to custody of the child or children may bring a petition for writ of habeas corpus. However, the court may grant custody to one other than the legal custodian if the legal custodian is proved to be unfit by clear and satisfactory evidence.
What court has jurisdiction to hear a motion for writ of habeas corpus? A superior court has jurisdiction unless a juvenile court order is in effect. The fact that a child is in a foreign jurisdiction at the time the petition is filed does not deprive the court of jurisdiction.
What other laws relate to the wrongful detention of a child? The Georgia Uniform Child Custody Jurisdiction Enforcement Act, which can be found at O.C.G.A. §
Are the wishes of a minor over age 14 controlling in this situation? No, although the child’s wishes will be considered.
IN THE SUPERIOR COURT OF _______________________ COUNTY
STATE OF GEORGIA
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Plaintiff, |
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Civil Action No. ________________ |
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_______________________________, |
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Defendant. |
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PETITION FOR WRIT OF HABEAS CORPUS
AND EMERGENCY MOTION FOR RETURN OF CHILD
The Petitioner, ____________________________________________, brings this
petition for a writ of habeas corpus against and emergency motion for return of child against the Respondent, ___________________________________________________,
upon the following grounds:
1.
The Respondent is subject to the jurisdiction of this Court and may be served with a copy of this Petition and Writ at ____________________________________________.
2.
The Petitioner is the legal custodian of the minor child(ren), ____________________
_____________________________________________________________________
________________________________________________________________________
_______________________________________________________________________,
age(s)
decree of ___________________ entered by the Superior Court of __________________
County, Civil Action No. ______________________________.
3.
The Respondent is illegally detaining and withholding custody of the minor child(ren) from the Petitioner at the following address: ___________________________________
_______________________________________________________________________.
4.
The Respondent has no cause or justification for withholding the minor child(ren) from the custody and control of the Petitioner.
THEREFORE, Petitioner demands:
(a)That a writ of habeas corpus issue requiring the Respondent to appear and produce the minor child(ren) before this Court and to otherwise show cause why custody should not be restored to the Petitioner.
Respectfully submitted,
___________________________________________________
Petitioner pro se
Address ____________________________________________________________________
___________________________________________________________________________
Telephone number __________________________________
IN THE SUPERIOR COURT OF _______________________ COUNTY
STATE OF GEORGIA
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Plaintiff, |
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Civil Action No. ________________ |
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______________________________, |
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Defendant. |
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VERIFICATION
Personally appeared before me, the undersigned notary public duly authorized in the State of Georgia to administer oaths, _________________________________________,
who after being duly sworn, deposes and states that s/he is the Petitioner in the foregoing action and that the facts contained in his/her attached Petition for Writ of Habeas
Corpus and Emergency Motion for Return of Child are true and correct to the best of
her knowledge, information and belief.
_____________________________________
Plaintiff pro se
Sworn to and subscribed before me
this ______ day of _________________________________, 20 ______.
____________________________________________
Notary Public, State of Georgia
My Commission Expires: ______________________________________
IN THE SUPERIOR COURT OF _______________________ COUNTY
STATE OF GEORGIA
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Plaintiff, |
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Civil Action No. ________________ |
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______________________________, |
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Defendant. |
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SUMMONS
To the
You are hereby summoned and required to file with the clerk of said court and serve upon ___________________________________________________, plaintiff', whose
address is
_______________________________________________________________, an answer
to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
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Clerk of Court
IN THE SUPERIOR COURT OF _____________________ COUNTY
STATE OF GEORGIA
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Plaintiff, |
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Civil Action No. ________________ |
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_______________________________, |
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Defendant. |
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WRIT OF HABEAS CORPUS
To: [Respondent]
You are hereby commanded to produce the minor child(ren), ___________________
________________________________________________________________________,
alleged to be illegally detained by you, and appear before the appropriate nonjury division of this Court on _______________________________________, ______ (year),
at ____________ o'clock, __. M., and show cause why custody of the minor child(ren)
should not be returned to the Petitioner.
This _______ day of _________________________________, 20______.
_________________________________________
JUDGE, Superior Courts
Southern Judicial Circuit