The Circle is Complete

 

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

 

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 this whole fight again.

 

On September 12th, 2008 I filed a Constitutional Challenge to Ohio's ORC 3109.04, ORC 3109.043 and Civ Rule 75N in the Northern District of Ohio Federal Court (case number 5:08CV2188) in Akron. I have held this information waiting on the court to make its decision on my application to proceed without paying the filing fees but with the release of Chuck's case, the time is right to complete the circle. This is a similar cause of action to what Mike Galluzzo brought before the courts except that it contains my particulars and some new case law and information that we have obtained.

 

While we did not get Mike's case to go and receive the decision that we had all hoped for, that is to end the bias in Domestic relations Courts within the State of Ohio and allow all fit parents proper Due Process and Equality as provided for in the U. S. Constitution and under color of the law, I are hopeful that we can do it this time. We have them circle completely with these cases and Michael's filing in Champaign County to have his entire case voided for lack of Due process.

 

Much has been learned since Mike's 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 this 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 would have been an end result it was not the basis for the case. The case was brought to assure that every fit parent was given equal and fair treatment under the law from the start.

 

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 grinder of Ohio's Domestic Court System.

 

I have worked some back door channels (a friend of mine is a retired judge) to get 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 current courts. All of these will come out in the coming months as I make my way through the federal court with this case.

 

This is a gutsy move as I am taking the State of Ohio on directly, as well as others, 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 what is going on. I will post all files from this case on my website and on the NOPE website for all to see.  I have also set up a special email box for information and to answer any questions that you have directly. Please use federalcase@raylautenschlager.com for this information. I will respond as quickly as I can but understand that this will be a busy time and will try my best to keep up.

 

I am working on setting up a fund of some sort 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. Expenses for mailing and printing will continue to grow as we move forward.

 

You may donate by 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. Or you can mail a check to me at the following address.

 

 

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 and respects the due process rights of all fit parents.

 

 

Ray R. Lautenschlager

NOPE Akron Director

Akron@nopeohio.org

Questions

Cell: 330-907-0664

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