Writ of Habeus Corpus

[triplesss143]

Hello,

Im in what seems a bit of a bind. Long story short on a verbal agreement I have with my daughters father, I send my daughter to NY to visit him for the summer and he refused to send her back. I said I was going to go visit her and then brought her back to Florida her home state. Her father has now file a Writ of Habeus Corpus against me in NY to force me to basically produce my daughter in NY to determine custody. The jurisdiction for this case is in Fl and have more than enough proof to show that. The problem is I have yet to be served, however I have a case open in Florida against him for custody. I was told that If I dont go to NY for the case, I have the potential to be arrested via a warrant. I can not afford to fly me and my daughter to ny to attend a case that clearly is taking place out of jurisdiction, however I dont know what to do. I was told I may need two lawyers, one in NY and one in Florida. Im a single mother and he pays no support how on earth is that even possible. I'd like to know what my options are. He clearly obtained this order with lies, because he has no proof my daughter has spend more than six months in NY at at time, however the judge signed the order. Again, he has yet to serve me. Can he get a warrant issued, if he feels he cant find me. He is a liar and manipulator and I really dont know what to do. I dont understand how this is done? I was advised they can potentially decide right then and there who gets custody? but how if the jurisdiction is clearly in florida. and btw he has a sister in law enforcement. Any info would be greatly appreciated...thanks and god bless....

 

[jharris352]

Several things don't make sense..

It's not that I don't believe you, I do, but something isn't right about your story.
First, there is no such thing as a verbal (enforceable) agreement for visitation/custody. Don't ever do that again :no:. But first let me ask some questions:

1. Has he ever legitimized the child? Is he on the Birth Certificate? What do you mean you have a "custody" case open in Florida? Are you talking about a "child support" case? That's MUCH different.

2. If you have not been "served" with a Writ of Habeas Corpus how do you know one has been issued? (I'm going to discuss this more in a minute).

3. Do you have a lawyer in Florida?

4. How old is your daughter?

First of all relax. A Writ of Habeas Corpus is filed when someone is in GOVERNMENTAL custody in violation of their constitutional rights. I can't think of a way that one would be used against you. I will grant you that I know NOTHING about the laws in NY but Habeas Corpus is a pretty standard concept.

The real question is are you divorced and what do you mean by, I have a case open in Florida? If you have already have a case opened you should have a lawyer. ASK HIM/HER these questions. If you have a custody order there is nothing to ask your daughter's father. The issue is decided and he would have to bring any issue of change up with that court.

My guess is that you have NOTHING to worry about because he is lying to you about the whole Habeas Corpus bit.