What to do if you are the respondent in a Return of Child case – When a parent believes they have right of possession of a child but have lost access to that child for reasons they believe are unlawful, he or she can petition the court for a writ of habeas corpus. If granted, this orders the respondent to return the child and appear in front of the court for a hearing to determine possession.
Everything in this scenario appears to be set up in favor of the petitioning party. But what if you are the respondent? Well, just as the petitioning party must prove right of possession, so can the respondent.
A respondent can defend their right of possession under a court order by proving any one of the following:
- That there is no existing court order governing superior possession
- That a different court order has given the respondent possession of the child
- That the petitioning party gave up possession and control of the child for at least 6 months
- That there is reason to be concerned for the child’s welfare
A respondent can defend their right of possession under the law by proving any one of the following:
- The petitioning party is not the child’s parent
- That a court order governs possession of the child
- That the petitioning party gave up possession of the child
- That there is reason to be concerned for the child’s welfare
The point of this blog entry is to prove that, just like in life, there are two sides to every story. At the hearing, all parties can present evidence in their defense. The court will then make the proper determination of custody, which could mean forcing the return of the child to the rightful parent or denying the order.
It is always a good idea to talk to a lawyer about your situation. Give Nelson Law Group, PC a call. Our friendly staff is here to help you in any way we can. For more information about Brett A Nelson, click here.
