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Petition for Writ of Habeas Corpus and Emergency Return of Child Packet

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Petition for Writ of Habeas Corpus and Emergency Return of Child Packet
PETITION FOR WRIT OF HABEAS CORPUS AND EMERGENCY RETURN
OF CHILD PACKET
Facts and Questions
When is a writ of habeas corpus appropriate It is used when a child is being
wrongfully detained. The court will decide based on the best interests of the child who
should have custody. However, a writ of habeas corpus cannot be brought to modify
custody. The petition for writ of habeas corpus in Georgia is governed by O.C.G.A. § 9-
14-2.
Who can bring a petition for writ of habeas corpus A person who has legal right to
custody of the child or children may bring a petition for writ of habeas corpus. However,
the court may grant custody to one other than the legal custodian if the legal custodian is
proved to be unfit by clear and satisfactory evidence.
What court has jurisdiction to hear a motion for writ of habeas corpus A superior
court has jurisdiction unless a juvenile court order is in effect. The fact that a child is in a
foreign jurisdiction at the time the petition is filed does not deprive the court of
jurisdiction.
What other laws relate to the wrongful detention of a child The Georgia Uniform
Child Custody Jurisdiction Enforcement Act, which can be found at O.C.G.A. § 19-9-40
et. seq.
Are the wishes of a minor over age 14 controlling in this situation No, although the
child’s wishes will be considered.
Petition for Writ of Habeas Corpus and Emergency Return of Child Packet
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