IN RE: IN THE MATTER OF NUMBER: DIV.
THE FAMILY COURT
____________________
PARISH OF ____________________
STATE OF LOUISIANA
PETITION FOR WRIT OF HABEAS CORPUS
NOW INTO COURT, through undersigned counsel, comes _________________
(“Petitioner”), who respectfully suggests as follows:
1.
Made defendant in this matter is _________________ , a resident and domiciliary of
_________________ Parish, State of Louisiana.
2.
Petitioner is the mother of _________________ , born __________ __ , 20 __ . This minor
child was born during the marriage of _________________ and her husband,
_________________ , who were married on __________ __ , 20 __ . __________ is therefore the
legal father of _________________ in accordance with La. C.C. Art. 184.
3.
Petitioner shows that on __________ __ , 20 __ the defendant, _________________ , came
to __________ ’s residence at her request to help babysit the child. As she slept, the defendant
removed the child from the petitioner’s bed and absconded out of the house. Petitioner pursued
defendant to regain physical custody of the child, at which time he physically assaulted
petitioner, causing multiple contusions and resulting in a broken finger, as well as other injuries.
4.
Petitioner shows that someone in the area contacted the police. _________________ was
informed by the officers that they would not get involved in a domestic dispute, and advised
petitioner to file a civil suit for the return of her child, resulting in this current action.
5.
Petitioner avers that _________________ is keeping her child at his residence located at
_________________ , _________________ , Louisiana. Petitioner has repeatedly called and tried
to retrieve her child from _________________ during the past week, without success. She
believes the child to be immediate physical danger due for the following reasons:
1. ______________________________
2 . ______________________________ ;
3. ______________________________ ;
4. ______________________________ ;
5 . ______________________________ .
WHEREFORE, Petitioner, _________________ , prays:
A. That a writ of habeas corpus issue herein, commanding the defendant to produce the
minor child, _________________ , before this court, on a date and at an hour to be
assigned by the court, and to state his authority for her custody;
B. _________________ be deprived of any future physical custody or control of this child.
RESPECTFULLY SUBMITTED:
_____________________
_________________ , LA Bar # _____
Attorney for _________________
_________________
__________ , LA _____
Telephone: ( ___ ) __________
Fax: ( ___ ) __________
SERVICE INFORMATION:
_________________
_________________
__________ , LA. _____
** If personal or domiciliary service cannot be made on _________________ , please leave
the Petition and Order at the front door of this address, pursuant to C.C.P. 3824
IN RE: IN THE MATTER OF NUMBER: DIV.
THE FAMILY COURT
____________________
PARISH OF ____________________
STATE OF LOUISIANA
VERIFICATION
BEFORE ME , Notary Public, personally came and appeared:
____________________
Petitioner in the foregoing Petition for Writ of Habeas Corpus, who, after being duly sworn, did
depose and state that all of the allegations contained in the foregoing Petition are true and correct
to the best of her knowledge, information, and belief
_________________ , Affiant
SWORN TO AND SUBSCRIBED before me, Notary Public, this _______ day of
_____________________, 20 ___ .
_____________________________________
NOTARY PUBLIC
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