By Leon R. Koziol, J.D.
On June, 9, 2010, the high court of New York commenced a process of reviewing an appeal filed by civil rights advocate Leon R. Koziol which challenges the Constitutionality of certain crucial child support and custody laws. Originating at the Appellate Division in Rochester, this case was litigated as an extraordinary petition under CPLR Article 78 against an Acting Supreme Court Judge (out of Family Court) and an acting Family Court Judge (out of Supreme Court) who presided over separated custody and support cases. No doubt due, in part, to his public background, the original uncontested divorce case filed in 2005 has since been scattered back and forth among multiple courts and some 18 trial level judges. The action was also taken against the State of New York, its Unified Court System, a state appointed “attorney for the child” and a state mandated “custodial parent.”
As a victim father, Mr. Koziol was recently reunited with his children after a state court found no merit to allegations made in a petition which deprived him of any meaningful parent-child relationships over a ten month period. Mr. Koziol has never been alleged or found to be an unfit parent, rather, as his lawsuit before the high court maintains, he has become the product of retaliation for his civil rights actions and public views on father discrimination over the years.
In order to make a proper case in the courts, it became necessary to assert a real life fact controversy better known as legal standing. Rather than represent other victims with exploitable backgrounds as the attorneys did in Roe v Wade, Mr. Koziol committed his personal and professional standing to this long overdue challenge. Remember that it was the Roe v Wade case which enabled women victims in 1973 to bypass arduous legislative processes to secure a constitutionally protected privacy right before the Supreme Court. Draconian child control laws have exceeded all rational limit under the Constitution by harming related privacy rights of mainstream parents today, including their families and children, indeed, our very productivity as a nation.
As Father’s Day in America approaches, the tired theme of absenteeism and “dead beat” slurs mark the stereotypes fashioned over the years against fathers generally. Campaigns for public office in Congress and our state legislatures remain devoid of discourse calling for reform in this crucial area of domestic relations. Nowhere in the Obama administration will anyone find “parental abuse” on the policy radar screen. This is principally due to the quiet transformation of mainstream society into a multi-billion dollar child control industry through the exploitation of custody and support laws.
A convenient summary of the case is found in the “issues presented” section of the “Preliminary Appeal Statement.” Significant to interested parties across the country, this is the same court which fashioned the “best interests of the child” standard in 1925 which became the touchstone for expansive government intrusion into every aspect of family privacy rights retained by the people under the Ninth, Tenth, and Fourteenth Amendments.
As part of his journey through the federal and state courts on the subject of parental privacy and equity, Mr. Koziol is seeking financial, media, and staff support behind his cause. No longer a practicing attorney after nearly a quarter century of successful civil rights litigation, he cannot do this alone. To emphasize the critical nature of his journey, it must be noted that in the event Mr. Koziol is unsuccessful before the New York high court in coming months, he will then be in the position of filing a writ before the United States Supreme Court.
Mr. Koziol is available for media interviews, commentary and public speaking engagements on these and other contemporary civil rights issues which are impacting our productivity as a nation. He can be reached at (315) 735-2271.