New York Petition (Transfer For Incorrigibility) is a legal process used to transfer a minor from one county's jurisdiction to another county's jurisdiction when the minor is deemed to be incorrigible or beyond the control of their current guardians. It is also sometimes referred to as a Juvenile Delinquency Transfer Petition. There are two types of New York Petition (Transfer For Incorrigibility): discretionary transfer petition and mandatory transfer petition. A discretionary transfer petition is when the court has the discretion to decide whether to grant a transfer. A mandatory transfer petition is when the court is required to grant a transfer. In both cases, the court must consider the best interests of the minor and the safety of the community before deciding whether to grant the transfer.
New York Petition (Transfer For Incorrigibility)
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Visit the Family Court where your court order was issued and complete a Support Petition for Modification form (also known as form 4-11). Call the Family Court where your child support order was issued and they will mail you the Support Petition for Modification form. Fill it out and mail it back.
In New York State Courts the Writ of Habeas Corpus is brought before a Supreme Court Judge and can be used for a variety of reasons: to challenge one's detention, to request a reduction in bail, to remedy one's treatment while incarcerated etc. The remedy is generally available to anyone in State's Custody.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
Section 70 - Habeas corpus for child detained by parent (a) Where a minor child is residing within this state, either parent may apply to the supreme court for a writ of habeas corpus to have such minor child brought before such court; and on the return thereof, the court, on due consideration, may award the natural
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.