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Mike Galluzzo - Federal District Court, Ohio

For more info contact: magalluzzox@hotmail.com 

Federal Magistrate Judge Michael Merz
U.S. District Court in the Southern District of Ohio
Western Division-Dayton
200 West Second Street
Dayton, Ohio 45402

Case Caption: Michael A. Galluzzo v. Champaign County Court of Common Pleas, 
et al. Case No. C310-174.

Information by date below:

Sept. 26, 2002 -- FEDERAL COURT CERTIFIES CONSTITUTIONAL QUESTION TO THE ATTORNEY GENERAL OF OHIO FEDERAL MAGISTRATE JUDGE ORDERS JOINDER OF STATE OF OHIO AS PROPER PARTY TO DEFEND CERTIFIED CONSTITUTIONAL QUESTION

On Sept. 24, 2002, Federal Magistrate Judge Michael Merz, United States District Court for the Southern District of Ohio, Western Division at Dayton, (Michael A. Galluzzo vs. Champaign County Court of Common Pleas, et al., Case No. C-3-01-174) filed an order joining the State of Ohio as a party into a case to defend the constitutionality of Ohio statues that allow courts to deny due process in removing custody from a fit parent in divorce situations without a finding of substantial harm to the child.

On August 12, 2002, Magistrate Judge Merz withdrew his report and recommendations to dismiss the federal question action filed in April 2001 pursuant to Plaintiff Michael Galluzzo's argument that defeated the Rooker-Feldman doctrine. The Rooker-Feldman doctrine is used in a majority of federal cases to dismiss underlying state actions by asserting 'impermissible state appeals to the federal court'.

The court had given the Attorney General 30 days to file her response for intervention, for under the 11th Amendment a state has immunity from federal suit unless the state voluntarily chooses to intervene, at which time the state voluntarily waives its right to immunity from suit. The State failed to respond voluntarily and where a constitutional question was previously certified under federal law to the Attorney General, the 11th Amendment immunity is no longer a question.

This is the first time that a federal court has issued a certified question to rule on the merits of a presumption of equal custody in a divorce situation. This is the only case that has ever happened in a federal court that specifically addresses the federal rights of divorcing parents, fitness, the evidentiary standard required by federal law to prove unfitness {clear & convincing evidence-which is already part of the juvenile code in Ohio, but not the domestic code} and equal custody.

December 17, 2003 -- Mr. Galluzzo submits a brief on the case.  Click here for the document in HTML format.

January 23, 2003 --  Comments on an Amicus Brief filed by CRC made by Diana L. Buffington, State Coordinator Children's Rights Council of Texas (crctx@myexcel.com):

CRCTX strongly believes that Mike Galluzzo's case is on firm footing and on the right path for obtaining a federal opinion that supports 50/50 custody as a standard for Ohio and the rest of the country.  CRCTX has long maintained the position that if a parent goes into court or into mediation that 50/50 is what they ALWAYS ask for and that they should maintain that position at all costs.  CRCTX has over 150 cases of CRCTX parents who have gone to court and asked for 50/50 joint legal and physical custody.  Everyone of these CRCTX parents have received 50/50 custody, whether it was through mediation, court hearings.  Very few CRCTX parents (actually 9) have requested written opinions when the 50/50 has been denied.  All nine cases won 50/50 custody on appeal.