Imagine sending your child for a visit with their other parent, only for them to refuse to return your child. The panic and helplessness you feel in that moment are overwhelming. Unfortunately, this is a reality for many parents. Custody disputes can escalate quickly, and when a parent unlawfully withholds a child, immediate action is necessary.
When legal custody agreements are ignored, the law provides a powerful tool: the Writ of Habeas Corpus.
This legal action demands the immediate return of a child being wrongfully withheld. If you find yourself in this distressing situation, Daniel Ogbeide Law, a trusted writ of habeas attorney in Houston, can help. We work swiftly to protect your rights and ensure your child’s safe return.
This article explains the Writ of Habeas Corpus process, when to take legal action, and how the family law and litigation attorneys in Houston can support you.
What Is a Writ of Habeas Corpus?
A Writ of Habeas Corpus is a court order demanding that a person (in this case, the withholding parent) bring the child before a judge. The purpose is to determine whether the child is being held unlawfully. Texas courts take these cases seriously and act quickly to prevent parental abduction.
A writ is most commonly used when:
- A parent refuses to return the child after a scheduled visit.
- A parent violates a custody or visitation order.
- A parent relocates with the child without legal permission.
- There is a risk of harm to the child if not returned.
This legal tool ensures that custody orders are enforced and prevents parents from unlawfully keeping children away from their rightful guardians.
Steps to Take if Your Child Is Withheld
If you are facing a situation where your child is not being returned, time is critical. Here’s what you should do:
1. Review Your Custody Order
Ensure that the other parent is legally required to return the child. If you have a formal custody agreement, it serves as proof of your legal rights.
2. Contact Law Enforcement
If a custody order is in place and the other parent refuses to return the child, local law enforcement may be able to intervene. However, in many cases, they will require a court order to take action.
3. File for a Writ of Habeas Corpus
The fastest and most effective way to recover your child is through a Writ of Habeas Corpus. A family court lawyer in Houston can file this on your behalf, requesting an emergency hearing to have the child returned.
4. Attend the Court Hearing
The judge will review the evidence and determine if the child is being wrongfully withheld. If the court rules in your favor, the order will compel the other parent to return the child immediately.
5. Enforce the Court Order
If the withholding parent refuses to comply, law enforcement can intervene to ensure the child’s return.
How We Can Help
At Daniel Ogbeide Law, we understand that these situations are emotionally charged and urgent. Our team of family law and litigation attorneys in Houston takes swift action to file a Writ of Habeas and fight for your child’s safe return. We know how to navigate the legal system efficiently, ensuring your case is heard as quickly as possible.
If you are dealing with a custody dispute and need legal intervention, contact us today. We are dedicated to protecting your parental rights and ensuring that your child is returned safely. Call Daniel Ogbeide Law at 832-321-7005 now for immediate assistance from an experienced writ of habeas attorney in Houston.