Legal Question in Family Law in New York

Writ of Habeas Corpus - response

In NY Family Court I entered order to show cause to get 2 teenagers who are with me in fear of their father. I am not a relative but have had them for many years for all weekends, vacations, holidays and birthdays. Father is homeless, no job. Father then served me with writ of habeas. I appeared with teenagers in response to habeas writ. Judge adjourned and granted me temporary physical custody until the hearing this Monday. Must I write a Return to the Writ? The writ does not specify other than appear with children, which I did and Judge did not give further detail as to what will be required at hearing. Judge interviewed teens in chambers and decided to have them stay with me. They will run away of they are returned to the father. If I have to write a Return, where can I find a sample as NYS Courts do not show a form on their website.


Asked on 8/02/08, 4:17 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Writ of Habeas Corpus - response

Techincally to satisfy the writ you must appear in court with the children. The Judge (like most Judges) is treating the writ as an application for custody.

At the hearing the Judge will take testimony from you, the father and the children to determine the best interests of the children. He will then make a decision as to custody.

Mike.

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Answered on 8/03/08, 8:12 pm


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