All Filings

Constitutional Challenge to Ohio’s Custody Law

 

We have now come full circle

 

On November 3, 2008, Chuck Evans filed a Constitutional Challenge in Franklin County Common Pleas Court to Ohio’s Custody Law (ORC 3109.04) and Ohio’s Law regarding temporary orders (ORC 3109.043). We have come full circle and have returned to where the argument was fully formulated and the initial challenges to these unconstitutional statutes began.

 

Chuck was the first to challenge the rights of the State to deprive a fit parent of their Due Process rights to custody of their children. Chuck was the first to challenge the right of the State for failing to guarantee fit parents Equal Custody under the law in compliance with the Fourteenth Amendment to the Constitution.

 

The approach this time will be different as we are following the Federal Courts suggestion in Galluzzo vs. Champaign County that the state courts should provide an adequate venue to have our question heard. The courts argue that the situation is “not repeatable”, which is what they told Chuck the first time he filed a challenge.

 

If there is anyone that has experienced the repeatability of this law, it is Chuck. He has experienced repeated deprivation of his rights by the Domestic Relations Courts of Franklin County and this time is experiencingTOTAL denial without a hearing, without a finding of unfitness as a father and presentation of any evidence to prove the allegations that have been presented against him. This denial in his current divorce, as in his previous divorce, proves that this is a repeatable situation.

 

When will the State of Ohio and/or the Courts of Ohio recognize that Ohio law does not comply with the United States Constitution and the protections provided under the First, Fifth, Ninth, and Fourteenth Amendments? The time has come full circle for us to press the issue and prove, once again, that our rights are being violated.

 

Chuck Evans, Michael Galluzzo and I have spent many hours discussing this case and others. The time for change is now!   We will need your support to wake up this state and the Nation to the plight of fit parents being denied their right to raise their children without undue interference from government.

 

In discussing this announcement, we have decided that we will handle the information that is available to the public in the same manner as we handled the information with  the Galluzzo case. I have been asked to take point for Chuck and we ask that you respect his privacy as he works diligently to protect your rights as a parent. Please, if you have any question regarding this case use either the email link above or a special email that has been set up to handle questions. I will answer questions as quickly as I possibly can.

 

May God Bless Us in this effort……..and don’t bet that there is not more to come.

 

Ray Lautenschlager

President

akron@nopeohio.org

440-281-5478

Evans Case

Galluzzo Case

Lautenschlager Case

Neumann Case