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
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 d
How strongly do I believe in this argument of law and the constitutional
right to raise
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
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 h
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
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
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.
Akron Director
330-907-0664