I don't think a writ of habeus corpus is what you need. Probably just a custody petition in the appropriate family court. I don't know why or how your child was taken away, but you would be well advised to get an attorney if you want to get the child back.
As noted by my colleagues, not sure if this is what you need to file in your case without knowing the specifics. You may just need a petition for custody in family court, but we are unable to advise you properly here without knowing more. I would suggest you find a good family lawyer who can advise you of the proper procedure after you have told him or her the facts of your case. Best of luck.
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Writ will bring the child to court , but custody is probably what you are seeking. Speak to a fsmily law attorney before acting.
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In my 20+ years of practicing family law, I've never heard of someone successfully bringing a Writ of Habeas Corpus against CPS. It isn't clear from your question if you have been charged with child neglect or abuse. If you have, your remedy is to request a 1028 hearing (Family Court Act Sec. 1028) for the immediate return of your child. The standard at such a hearing is that the child should be returned because s/he would not be in "imminent risk" if returned to the parent while the case proceeds. Winning such a hearing does not mean that the case ends but the child would be returned to the parent's care. If you are not a respondent on a neglect case then, as the a non-respondent parent, you have an absolute right to have the child released to your care.
If you do not have one, I strongly suggest that you immediately hire an attorney that is experienced in handling Article 10 cases. Your rights, as well as your child's rights, are at stake.
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Child custody Child neglect and custody Child custody appeals Custody hearings Family court and child custody cases Petition for custody Writ of habeas corpus and criminal defense Mother's rights in child custody Parental rights in child custody Family law Child abuse Appeals Court basics
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