Houston Habeas Corpus Lawyer
Habeas corpus is a writ used in some child custody cases that grants a parent wrongfully separated from their child the power to summon the responsible individual or agency to court and determine proper custody. This can be an incredibly powerful legal solution if a parent and/or child is suffering from illegal custody actions or kidnapping.
Filing a writ of habeas corpus can be extremely difficult, however. At Holmes, Diggs & Sadler, we understand both this difficulty and how important it is for a parent in Houston to be granted his or her full legal custodial rights. Fortunately, with legal guidance, many parents are able to see their custodial rights returned and the best interests of a child protected.
How Is Habeas Corpus Used in Child Custody Cases?
Habeas corpus may be used in a few different ways, each of which provides important opportunities in very serious custody battles. Used correctly, a writ of habeas corpus can provide a parent with the full support of the courts to get an enforceable hearing on their custody issues. These writs may be used in the following instances:
- To summon another custodian to court for wrongfully taking a child or to enforce a broken custody agreement
- To summon a custodial agency to court for wrongfully taking a child or to enforce a broken custody agreement
- To summon another custodian to court to establish an official, legally enforceable custody agreement
- In some cases, to address inter-state custody concerns through a federal writ
While writs of habeas corpus in federal child custody cases are particularly rare, they can be used in cases of Native American custody disputes or in cases where one custodian’s constitutional rights have been infringed upon.
Contact a Habeas Corpus Attorney in Houston
As a parent, there are powerfusl legal tools available to you when it comes to settling child custody disputes between you and your former partner. To learn more about how filing a writ of habeas corpus may affect your custody claim and how we can help you take this action, call (713) 802-1777 to speak with a lawyer from Holmes, Diggs & Sadler.