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What is a writ of habeas corpus in a divorce or child custody case?

As a divorce and child custody attorney in Dallas, Texas, I often receive questions about writs of habeas corpus in relation to divorce and child custody cases. A writ of habeas corpus is a legal procedure that allows a judge to order the return of a child to the person who has the superior right to custody of the child. This superior right can be established through a court order or by being a parent.

If you have a court order granting you custody of the child, you must show the court three things in order to obtain a writ of habeas corpus: 1) that you have a valid court order giving you the superior right to custody, 2) that this right to custody exists at the time you are making the request, and 3) that the child is being held by someone who does not have the superior right to custody.

If you do not have a court order in place, you must show the court four things in order to obtain a writ of habeas corpus: 1) that there is no court order granting custody to another person, 2) that you are a parent of the child, 3) that the child is being held by a non-parent, and 4) that the person holding the child is doing so illegally.

It is important to understand that a writ of habeas corpus is a legal procedure that can be used in specific situations to help ensure that a child is returned to the person who has the superior right to custody. If you are involved in a divorce or child custody case and have questions about this or any other legal issue, it is always best to seek the guidance of a qualified attorney. At The Blacknall Firm, we are here to help you navigate the legal system and protect your rights and the rights of your children. If you need representation for your situation schedule a  consultation with one of our attorneys.

 

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