[TX] How do I file a writ of habeas corpus to regain temporary custody when the other parent took my child?

TX Family Law

Liz

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Once it's filled out and signed, you would take it to the courthouse. It is handed to the clerk of the court for filing. A copy then also has to be served on the other parent.

He doesn’t have to agree or sign. He just has to be served a copy. He can then file an objection with the court. (TX Code Crim Pro art 11.27)

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I filled out the form. What do I need to do next to make it legal? I was told this is a writ of habeas corpus to get temporary custody of my son until court.

Lexi, Chatbot

I understand you're looking to make the form you filled out legal. Can you tell me if you have already submitted the form to the court?

No.

Lexi, Chatbot

Have you received any instructions from the court or any legal professionals regarding the next steps in the process?

No.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured, they'll be able to help with your temporary custody request.

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I am here to assist with your legal concerns.

So I can best help, in what state are you filing?

I am filing in the state of Texas.

I filled out the form. What do I need to do next to make it legal? I was told this is a writ of habeas corpus to get temporary custody of my son until court.

Liz

Have you taken the form to the courthouse?

Not yet. I just filled it out and wanted to know the next step. I also added a notary signature.

I don’t think he will agree to sign. He actually took our son from me and is threatening to move out of state with him.

Liz

Once it's filled out and signed, you would take it to the courthouse. It is handed to the clerk of the court for filing. A copy then also has to be served on the other parent.

He doesn’t have to agree or sign. He just has to be served a copy. He can then file an objection with the court. (TX Code Crim Pro art 11.27)

Can he proceed to move with him? He is registered here with me, and he is trying to get the school records to register him somewhere else. The school called me and said it is too close to the start of school and they can only provide him with the birth certificate.

Liz

Do you have the birth certificate?

Yes, I do. Will this allow him to bring my son back until court?

Liz

If this is granted, it would require him to return the child to you.

How will I know if it is granted?

Liz

You should be issued a copy of the order from the court. You can also call the clerk of the court to check on its status.

Thank you for your help.

Liz

Of course. Have a wonderful day.

Liz

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