Legal Question in Civil Rights Law in California

Can you sue a county superior court for unlawful removal of child custody from a parent when it is proven that the grounds on which it was done were impermissible? Isn't it a violation of the 14th amendment to take kids away from a parent with no cause shown and can I sue on those grounds?

Asked on 3/02/13, 12:01 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Any such lawsuit would be dismissed. Your remedy is to appeal the court's decision, or otherwise pursue your legal rights to challenge the court order.

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Answered on 3/02/13, 3:27 pm

Terry A. Nelson Nelson & Lawless

Can you sue a county superior court...?

Nope. All governmental agencies and agents, like courts and Child Welfare Dept, are 'immune' from suit. Their 'job' is to protect kids, and taking custody is frequently part of that job.

Your 'rights' are to defend yourself and your custody in court and seek return of custody. Hire an attorney to help you do so, and prepare for a long fight.

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Answered on 3/03/13, 12:32 pm

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