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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
November 02, 2014

Non-Custodial Father Has No Cause of Action

A father has been found to lack standing to sue third parties for interference with his visitation rights, as his son's mother, who had sole legal and physical custody of the boy, had given her permission for him to be taken to and retained at a “boot camp” facility in another state. Decter v. Second Nature Therapeutic Program, 13-cv-3519.

The plaintiff and his ex-wife were divorced in 2002, at which time the wife was given sole legal and physical custody of the couple's son. The father had no decision-making authority regarding the child but was allowed twice-weekly visitation and daily telephone contact.

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