Non-Custodial Parent Has Protected Liberty Interest In Child
A non-custodial parent has a protected liberty interest in the care, custody, and management of his or her child, the U.S. Court of Appeals for the Eighth Circuit decided 08/12/05 in Swipies v. Kofka, 8th Cir., No. 04-3244.
The court's recognition of this interest came in a case where a deputy sheriff had, on his own initiative, made an emergency removal of a child who was visiting her non-custodial father and then contested the father's claim that his due process rights had been violated by the removal.
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