Habeas Corpus, as it relates to child custody, is when one person (usually a parent) claims custody rights of a child and is seeking to claim physical custody of such child that is being allegedly detained illegally by another person (usually the other parent or a person desiring a change of custody rights).
In Georgia, the person bringing a habeas corpus action before the Court must have had their custody rights violated, but such an action is not exclusive to a parent of the child. If detention of the child is not in violation of the person’s rights bringing such an action, then habeas corpus in not the appropriate remedy.
There is usually more than one option available to a person considering a writ of habeas corpus. Speaking with a Georgia attorney that handles child custody matters about the specific facts would greatly assist in determining the best course of action.
Post written by: Attorney Tiffany Lunn