Writ of habeas corpus shall be granted in favor of parents, guardians, masters, husbands and wives; and to enforce the rights and for the protection of infants and insane persons; and the proceedings shall, in all such cases, conform to the provisions of this article.
§ 1354.Grant of Writ to Parents, Etc. - Protection of Infants and Insane Persons - Proceedings
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1354 extends the writ of habeas corpus to parents, guardians, masters, husbands, and wives, and makes it available to protect infants and people the statute calls 'insane persons,' with all such proceedings following the rest of this article.
Full Text of § 1354
Amendment History
R.L. 1910, § 4905.
Plain-English Summary
Habeas corpus in Oklahoma reaches beyond criminal custody. Section 1354 grants the writ to parents, guardians, masters, husbands, and wives - not just to a person restrained who speaks for themselves - and lets it enforce their rights and protect infants and people the statute labels "insane persons," a term from the era this law was written that today would be described in terms of mental incapacity.
This is the provision that opens the door to civil habeas corpus cases such as disputes over who should have custody of a child, since a parent or guardian can invoke the writ on the child's behalf. Every such case still follows the same procedures set out in the rest of this article.
Frequently Asked Questions
Can habeas corpus be used in a child custody dispute?
Yes - Section 1354 grants the writ in favor of parents and guardians and for the protection of infants.
Who besides parents can invoke the writ under this section?
Guardians, masters, husbands, and wives, according to the text.
What does "insane persons" mean in this statute?
It's the term the 1910 statute used for people found to lack mental capacity; the section extends habeas corpus protection to them.
Do these cases follow different rules than other habeas corpus cases?
No - the statute says the proceedings must conform to the provisions of this article, the same as any other habeas corpus case.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: child custody habeas corpus oklahomahabeas corpus for parents guardianscivil habeas corpus oklahoma12 O.S. 1354