No. 25-852

Kimberly Edelstein v. Eliott Edelstein

Lower Court: Ohio
Docketed: 2026-01-16
Status: Pending
Type: Paid
Tags: civil-rights fourteenth-amendment judicial-notice property-interest state-law supremacy-clause
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FirstAmendment
Latest Conference: N/A
Question Presented (AI Summary)

Did the state court err and violate the Supremacy Clause and Petitioner's Fourteenth Amendment rights in reclassifying a federal civil rights verdict as divisible under state law when it engaged in extra record fact-finding and judicial notice of disputed facts to deprive Petitioner of a vested property interest?

Question Presented (from Petition)

1. Did the state court err and violate the Supremacy Clause and Petitioner's Fourteenth Amendment rights in reclassifying a federal civil rights verdict as divisible under state law when it engaged in extra record fact-finding and judicial notice of disputed facts to deprive Petitioner of a vested property interest? 2. Whether Ohio ’s “best interest of the child ” standard, Ohio Revised Code §3109. 04(F)(1), as applied to deprive a parent of custody or meaningful parent-child contact, is vague, overly broad, and delegates discretion without standards in violation of the Fourteenth Amendment by permitting infringement of a parent's fundamental liberty interest without a clear and convincing evidentiary burden or strict scrutiny judicial review, in conflict with Troxel v. Granville, 530 U.S. 57 (2000). 3. Whether Fourteenth Amendment due process and equal protection are violated when state courts deprive a parent of custody or meaningful parent child contact without any finding of parental unfitness, based on discretionary reports or recommendations of non-expert, quasi-judicial actors who apply no evidentiary standards and operate without constitutionally required safeguards. 4. Did the state court err in setting a visitation order that burdens protected religious exercise, fails to provide reasonable accommodation for disability, and then imposes coercive sanctions, including severing the parent-child bond and incarceration?

Docket Entries

2026-01-09
Petition for a writ of certiorari filed. (Response due February 17, 2026)

Attorneys

Kimberly Edelstein
Kimberly Edelstein — Petitioner
Kimberly Edelstein — Petitioner