The following excerpt is from Wilson v. Raye, No. 2:19-cv-1754 MCE DB PS (E.D. Cal. 2020):
In this regard, "[t]he Fourteenth Amendment guarantees that parents will not be separated from their children without due process of law except in emergencies." Mabe, 237 F.3d at 1107. While the "right secured by the Fourteenth Amendment 'is not reserved for parents with full legal and physical custody' . . . . a person with only potential parental rights enjoys a liberty interest in the companionship, care, and custody of his children that is 'unambiguously lesser in magnitude.'" Kirkpatrick v. County of Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (quoting James v. Rowlands, 606 F.3d 646, 651 (9th Cir. 2010)).
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