Ninth Circuit Gives Big Victory to Non-Custodial Father

Ninth Circuit Gives Big Victory to Non-Custodial Father

A case decided November 10, 2009 by the Ninth Circuit Court of Appeals could have an enormous impact on fathers' rights to their children. (Note: The case is not yet published, so I can't provide a link to it.) It holds that even a divorced father with no right of physical custody must be given the opportunity to have custody of his child before a child protective agency can place it in foster care. Failure to do so by a county child protective agency can subject the county to a suit for damages by the father under the federal civil law governing deprivation of constitutional rights.