The Circle

 

When we announced the filing of Evans vs. State of Ohio we referred to it as the completion of the circle. We also hinted that in time more information would come as to further challenges to the custody laws of the State of Ohio. That time is now!

 

As many of you know, I worked very hard with Michael Galluzzo and the team that we created to try to bring about true due process to the family court system. While the Galluzzo case did not bring about the result that we all hoped for needed and wanted, I still believe strongly in that case and what it could have done for all fit parents and their children.

 

How strongly do I believe in this argument of law and the constitutional right to raise one's own children on an equal basis? How about, "Strongly enough to be willing to put myself through the whole fight again!"  The Galluzzo case took nearly 5 years from start to DENIAL by the U.S. Supreme Court.

 

On September 12th, 2008, I filed a Constitutional Challenge in the Northern District of Ohio Federal Court (case number 5:08CV2188) in Akron to Ohio Revised Code 3109.04 and Civil Rule 75N. This is the same cause of action the Galluzzo Case brought before the courts except that this case contains my particulars, some new case law and new information that we have obtained.

 

While the Galluzzo case did not achieve the decision that we sought, that is, to end the bias in domestic relations courts within the State of Ohio and to allow all fit parents full Due Process under the law, I are hopeful that we will prevail this time.

 

Much has been learned since the Galluzzo case was dismissed by the Courts, both thru the lessons of the case and from conversations that have taken place with some of the key players in that case. Information has come to me that Magistrate Judge Merz felt that Mike was using the Federal Court System to overturn his State Court decision. While this may have been the end result it was NOT the basis for the case. The case was brought to assure that every parent was given fair and equal treatment under the law from the inception of any case that impinge on their fundamental right to the care, custody and control of their children.

 

This is a strong position to take by the court even though the documents and testimony contradicted this, whether it was wrong or right does not matter now. I can not have this argument used against me in my case. My son turned eighteen in June and the decision that was rendered by the State Court is moot as I challenge the constitutional issues that we have all faced in these matters. I can honestly state to the court that the only thing I am seeking is to have the law ruled unconstitutional to protect the future of my son as a parent. To an end this will protect the future of every fit parent that may or may not face the whirlwind of divorce or separation and the emotional grinder of Ohio's Domestic Court System.

 

I have obtained the original briefs from both the Boyer vs. Boyer case and In RE Perales. Both these cases have been used since the 70's as the Ohio precedence for setting custody within the Ohio courts. These have made for interesting reading and study, both for their age and historical significance to Ohio parents and what I term inappropriate usage by the courts. All of these will come out in the coming months as I make my way through the court with this case.

 

This is a gutsy move and I know that it will be my last chance to make a major impact on parent rights thru the courts. Once my son is out of this system, I would have to fight hard to get the case heard, harder than it might be worth.

 

As we move this case forward I will do my best to keep all updated as to the status. I will post all files from this case on my website and on the PACE website for all to see (the learning process so we don't reinvent the wheel).  I have also set up a special email box for information and to answer any questions that you have. Please use federalcase@raylautenschlager.com for all communication on this case. But understand, this will be a busy time and I will try my best to respond as quickly as possible.

 

I have set up a fund to help defray the expenses that I will occur, such as postage and printing. I went thru a ream of paper to print the complaint to the court and $17 dollars in postage, to give you an example of how costly a case like this can be, even without an attorney. Expenses for mailing and printing will continue to grow as we move forward.

 

If you want to donate, for now, I can accept cash (cover it up well and pray that it makes it); checks, Money Orders, or you may donate through my PayPal account by sending money to ray@raylautenschlager.com. I will have fees here but can work around that problem. If you go this way please make it significant. I will find a way to make this all happen one way or another. These funds will be used for this case, Evans v State of Ohio, and Michael Galluzzo's battles.

May God Bless us in this fight and give us the strength to see this thru to the end. Say your prayers that the Good Lord gives us the guidance to get a court that recognizes the true meaning of equality, respects the due process rights of all fit parents and upholds those fundamental Constitutional rights.

 

Ray Lautenschlager

Akron Director

Akron@nopeohio.org

330-907-0664