Elhadi Alpha Mahmoud Souare v. Diane Dougherty, Magistrate Judge, Summit County Domestic Relations Court, Ohio, et al.

Whether Ohio Revised Code § 3109.042—which automatically grants sole custody of a child to the mother by operation of law when the parents are unmarried—violates the Due Process Clause of the Fourteenth Amendment when applied to a biological father listed on the birth certificate who has never been found unfit and who was given no notice or hearing.

Whether the refusal of state judicial officers to allow a hearing, receive evidence, rule on motions, or consider judicial-disqualification motions in a custody proceeding violates the procedural due process and equal protection rights of an unmarried father under the Fourteenth Amendment.

Whether the dismissal of a mandamus and prohibition action without addressing the underlying constitutional violations denies the petitioner meaningful access to the courts, in violation of the Due Process Clause.

Whether the differential treatment of an African-American unmarried father—whose motions and evidence were ignored—violates the Equal Protection Clause and Title VI, where similarly situated parents receive hearings and adjudication.