Unpublished Disposition, 876 F.2d 898 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 876 F.2d 898 (9th Cir. 1989)

Rosa Patricia VON LUDWITZ, Petitioner-Appellant,v.UNITED STATES Of America, et al., Respondents-Appellees.

No. 88-1824.

United States Court of Appeals, Ninth Circuit.

Submitted^* April 13, 1989.Decided June 6, 1989.

Before MERRILL, EUGENE A. WRIGHT and BEEZER, Circuit Judges.

MEMORANDUM^**

Petitioner Rosa Patricia Quinonez de Hutchings von Ludwitz appeals from the district court's order denying her petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. We affirm.

The petition in the district court sought to restore the name of the petitioner's daughter, in the custody of third parties, to the name that the petitioner originally gave her. The petition did not request the return of her daughter.

Federal habeas corpus is not available to challenge or claim parental rights or child custody. See Lehman v. Lycoming County Children's Services Agency, 458 U.S. 502, 511 (1981). Further, children in foster and adoptive homes are not deemed to be held in custody. See id. at 510-11. The writ of federal habeas corpus does not provide an avenue of relief for the petitioner's claim.

AFFIRMED.

The panel finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3

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