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What is the writ of habeas corpus and how it is violated?

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

How do I get full custody of my child in NY?

How do I get full custody of my child in New York? A. To obtain full custody you must file a petition in the New York Family Court and in that petition clearly state the reasons why you should be awarded full custody. You must promote the best interests of your child in your petition.

How is custody determined in NYS?

A New York court can make orders about the child's custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the "best interest of the child." If there is no court order, then both parents have equal rights to physical and legal custody of the child.

What is an example habeas corpus?

An example of habeas corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown.

What are the instances when the writ of habeas corpus shall not be allowed?

- No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is held and the court or judge before whom he is to be brought. Sec. 10.

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What is habeas corpus case?

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

How can a father get full custody in NY?

How do I get full custody of my child in New York? A. To obtain full custody you must file a petition in the New York Family Court and in that petition clearly state the reasons why you should be awarded full custody. You must promote the best interests of your child in your petition.

Why would a writ of habeas corpus be denied?

The federal court will also usually reject a Writ of Habeas Corpus if the California Court denied the appeal or writ because of a procedural issue, such as if the defendant waited for too long to file the California Writ of Habeas Corpus.

Who has custody of a child when the parents are not married in NY?

Like all other states, when a child is born outside of marriage, the unmarried mother has sole legal and physical custody of her child.

Is it kidnapping if there is no custody order in California?

California Penal Code 278 PC defines child abduction as a situation where a person, with no right of custody, takes a child away and keeps the child from the parents or legal guardians. The offense can be charged as a misdemeanor or a felony and is punishable by up to four years in jail or prison.

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What is the writ of habeas corpus and how it is violated?

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What is habeas corpus case?

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