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Tuesday, August 26, 2008

Does a non-custodial parent have due process rights?

Fuentes v. Bd. of Education of City of New York

Jesus Fuentes is a non-custodial parent. In 2000, he requested an impartial hearing, which request was denied by the NYC impartial hearing office. In 2008, he is still fighting for the right to a hearing and the battle is long from over. The Second Circuit recently addressed but did not decide the issue, instead certifying the issue of the father’s standing to the New York Court of Appeals. The Court framed the issue as follows:

Whether, under New York law, the biological and non-custodial parent of a child retains the right to participate in decisions pertaining to the education of the child where (1) the custodial parent is granted exclusive custody of the child and (2) the divorce decree and custody order are
silent as to the right to control such decisions.

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