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Fill and Sign the Petition Writ Habeas Form

Fill and Sign the Petition Writ Habeas Form

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ________________ (NAME OF STATE), ________________________________ (NAME OF DIVISION) ___________________________ (Name of Petitioner) PETITIONER V. CAUSE NO. ________,________ ____________________________ (Name of Respondent) RESPONDENT Petition for Writ of Habeas Corpus COMES NOW _________________________ (Name of Petitioner) , Petitioner in the above-styled and numbered cause, and files this her Petition for Writ of Habeas Corpus , and in support thereof would show unto the Court the following matters and facts: 1. Petitioner is an adult resident citizen of ________________________________________ ___________________ (city, county, state) . 2. Respondent is (describe person or entity withholding custody and give address where Respondent can be served with process) ____________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. ____________________________ (Name of child) , a minor _____________ (number of years) years of age, is the Child of Petitioner. ___________________________ (Name of child) , is restrained of liberty by Respondent ____________________________ (name of Respondent) at ____________________________________________________________________________ _________________________ (street address, city, county, state, zip code) . 4. Said Child , ____________________________ (Name of child) , is not committed or detained by virtue of any process, judgment, decree, or execution of any court of competent jurisdiction. 5. The cause or pretext of such confinement and restraint, according to the knowledge, information, and belief of Petitioner, is that Petitioner gave up her parental rights to the Child, which is untrue. 6. Respondent has had the care and custody of the Child for ___________ (specification of time period) since on or about ________________________ (date of custody) . 7. Petitioner wishes to have the care, custody, and control the Child restored to her, but Respondent has refused and still refuses to restore to Petitioner the care, custody, and control of her Child, although Petitioner has made frequent demands on Respondent. 8. The confinement and restraint by Respondents of Petitioner’s Child is unlawful, in that Petitioner is the mother and natural guardian of the Child, and in that there exists no outstanding court order terminating Petitioner's parental rights over her Child or granting legal custody of the Child to Respondent or to any other person or persons. WHEREFORE, Petitioner requests: 1. A writ of habeas corpus issue commanding Respondent to have the person of the Child before the Court at a time and place to be specified by the Court to do and receive what shall then be considered concerning the Child, and such Child's detention; and 2. Such other and further relief as the court may deem just and proper. Respectfully submitted, By: __________________________ ______________________________ (Name & Signature of Petitioner)

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