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Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 4189
Experience:  30 years of experience
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I currently have a lawyer and he is filing a change of

Customer Question

I currently have a lawyer and he is filing a change of custody against my ex wife and our court date is next month however I have been doing some research and have come across a writ of habeas corpus and wanted to know if it was relevant in this particular
situation because according to child support addendum and divorce decree currently in place I am to get my son every other weekend and I requested to have my son this upcoming weekend Via text to my ex wife on 8/20/15 then again on 8/21/15 and then emailed
on 9/1/15 I emailed both address I have on file she has refused to respond and has also ignored my requests to have my son call me because the only number I have to reach him is her cell phone and not sure when or at what time she will be around him so I always
text :"Whenever my son is not busy can you please have him call me" I have sent this text to her without hearing from my son 4 times since 8/27/15 no response from my son at all I live in florida and my son lives in Georgia I would drive there but I only have
the grandmothers address to where he stays majority of the time and do not have the new address she moved to because she did not provide it so I would hate to take my current wife my newborn son and my 18 month old son on an*****only to be denied even
if I could find the new address.. So my question after this whole diatribe is should my lawyer be doing a writ of habeas corpus in this situation
Submitted: 2 years ago.
Category: Family Law
Expert:  Gerald-Esquire replied 2 years ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I understand your frustration, but the Writ of Habeas opus does not apply to the situation that you are in. I would hate for you to try to pursue that avenue because you will spend energy, time, and money on something that does not apply. A Habeas Corpus pertains to situations where a government agency (law enforcement) has detained an individual in a manner that violates that individual's civil rights.

The appropriate steps to take is to ask your attorney to pursue contempt charges against your ex for failing to adhere to the current Order,

The folowing link describes Habeas Corpus in more detail:

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.