Tennessee Petition for Writ of Habeas Corpus

IN THE CIRCUIT COURT OF TENNESSEE
FOR THE 30TH JUDICIAL DISTRICT
AT MEMPHIS
PETITION FOR WRIT OF HABEAS CORPUS
Petitioner
Docket #
vs.
Respondent
TO THE HONORABLE JUDGES OF THE CIRCUIT COURT OF SHELBY COUNTY,
TENNESSEE:
COMES NOW YOUR PETITIONER
Individually and as Legal Guardian of
, a minor, and petitions
this court for a Writ of Habeas Corpus against the Respondent
and respectfully states as follows:
is the
1.
of
,
a minor born
2.
On
in the
Court of
Petitioner was awarded legal custody of the minor child. A certified copy of said Order is
attached hereto and by reference made part hereof That Order has not been modified by
subsequent court action.
3.
Respondent is unlawfully restraining the child and depriving him/her of his/her liberty.
4.
Petitioner has demanded that said child be surrendered to Petitioner by the Respondent in order
that he/she might assume the lawful control, custody and care of the child to which Petitioner is
entitled. Petitioner is willing and able to exercise said custody. Despite Petitioner's demands,
Respondent has refused to surrender the child to the custody of Petitioner.
5.
It would be in the manifest best interest of the minor child for him/her to be returned to Petitioner
immediately because
Wherefore, because Petitioner is without remedy, except for a court having proper cognizance of the
matter prays:
1.
That a Writ of Habeas Corpus be granted and directed to said Respondent
to appear before this Honorable Court as such time as
may be designated in said Writs and to then and there show cause why the said minor child
, should not be placed in the custody
of your Petitioner.
2.
That this court forthwith issue a warrant directed to the Sheriff of Shelby County, Tennessee
authorizing and directing him to immediately take into custody the minor child and place said
child in the custody of him/her to await the final Orders of the court in this cause.
3.
That the Respondent
pay Petitioner's expenses
incurred in this cause.
4.
The Petitioner has such other further and or general relief to which he/she may be entitled.
This is the first application for a Writ of Habeas Corpus or other extraordinary relief in this
cause.
Petitioner
Address
STATE OF TENNESSEE
COUNTY OF SHELBY
Personally appeared before me the within named
who
stated upon oath that the statements contained in the foregoing Petition for Writ of Habeas
Corpus are true and correct to the best of his/her knowledge, information and belief.
Subscribed and sworn before me this
My Commission expires:
day of
,20
Notary Public
FIAT
To the Clerk of this court:
Issue the Writ of Habeas Corpus prayed for in paragraphs one and two above and set a hearing
for said petition on the
at
day of
, 20
A.M. / P.M.
Judge
Date