What is the name of your state?What is the name of your state? California
I know a habeas corpus is a document questioning the legality of detaining someone, and that a parent can file one on behalf of his/her children. But what power does this document really have? Can it overturn a custody order if proven that laws and Constitutional rights have been violated by the current order? Or is it merely a formality that results in nothing?
Also, is it filed in the local court, state supreme court, or a court at the federal level?
I did a google search and didn't find anything helpful. We have the 2005 editions of the Westlaw Family and Juvenile Laws and Codes book, in addition to the 2004 and 2003 editions of each book, and some other books, and unless it's just total exhaustion that is clouding our brains, a complete possibility with the extreme lack of sleep we get, then we haven't found anything useful there either.
The highly-condensed short end(the case file is brought into court in a box instead of file due to the amount of stuff in this case): This child may not be mine biologically, but I love her and can't stand knowing she's being hurt. I was molested once by a babysitter and was in therapy for a long time, and she's been going through sexual abuse, mental abuse, and physical abuse, for half her life. Every additional day she's in an unsafe area and in harm's way is another day she's not getting help or being kept safe. Her father, by hubby, is in a near state of panic right now, having never been given any reason at all why he isn't allowed to see his child unless it's at a convenient time for the "mother" (and it hasn't been at all for the last month, despite the child being with babysitters for more than 40 hours per week in addition to school with a "mother" who works less than 20 hours-and that woman testified to that in court-we have the transcripts!). The visits are directly supervised by a social worker because this woman says the child is upset after visits, though the social worker even told the judge the child gets upset when she asks if she can go home with us and we have to tell her she can't, that the child is upset because she doesn't get to see us very often! The social worker also testified that the child is "extremely bonded" to me, even though I am a biological relation. No matter, we haven't seen her in a month and that was only because the social worker called her almost every day for a couple of weeks to convince her to let us see this little girl.
I know a habeas corpus is a document questioning the legality of detaining someone, and that a parent can file one on behalf of his/her children. But what power does this document really have? Can it overturn a custody order if proven that laws and Constitutional rights have been violated by the current order? Or is it merely a formality that results in nothing?
Also, is it filed in the local court, state supreme court, or a court at the federal level?
I did a google search and didn't find anything helpful. We have the 2005 editions of the Westlaw Family and Juvenile Laws and Codes book, in addition to the 2004 and 2003 editions of each book, and some other books, and unless it's just total exhaustion that is clouding our brains, a complete possibility with the extreme lack of sleep we get, then we haven't found anything useful there either.
The highly-condensed short end(the case file is brought into court in a box instead of file due to the amount of stuff in this case): This child may not be mine biologically, but I love her and can't stand knowing she's being hurt. I was molested once by a babysitter and was in therapy for a long time, and she's been going through sexual abuse, mental abuse, and physical abuse, for half her life. Every additional day she's in an unsafe area and in harm's way is another day she's not getting help or being kept safe. Her father, by hubby, is in a near state of panic right now, having never been given any reason at all why he isn't allowed to see his child unless it's at a convenient time for the "mother" (and it hasn't been at all for the last month, despite the child being with babysitters for more than 40 hours per week in addition to school with a "mother" who works less than 20 hours-and that woman testified to that in court-we have the transcripts!). The visits are directly supervised by a social worker because this woman says the child is upset after visits, though the social worker even told the judge the child gets upset when she asks if she can go home with us and we have to tell her she can't, that the child is upset because she doesn't get to see us very often! The social worker also testified that the child is "extremely bonded" to me, even though I am a biological relation. No matter, we haven't seen her in a month and that was only because the social worker called her almost every day for a couple of weeks to convince her to let us see this little girl.
