Schwabs ask federal judge to amend child custody lawsuit

By  | 

TOPEKA (WIBW)-- 13 NEWS has learned Raymond and Amelia Schwab are asking a federal judge to amend their lawsuit in a child custody dispute.

The Schwabs are claiming a federal civil rights violation, after Riley County District Court removed their children from their care.

It lists Kansas Gov. Sam Brownback and 35 other defendants from the Department of Children and Families and other state agencies.

In their new filing, the Schwabs cite new developments leading to undisclosed concerns for the health and safety of one of their children, identified in the suit as "C-S."

The motion to amend also says the 36 defendants are "engaged in a kids for cash type unlawful enterprise."

The Schwabs tell the court they are in Washington, D.C., attempting to get federal intervention in their case.

Federal Magistrate Judge Gary Sebelius has yet to rule on whether he'll allow the Schwabs' amended complaint.

Meanwhile, both Schwabs face charges in Topeka Municipal Court.

Amelia Schwab has a July 21st trial on charges of battery in a rude, insulting or angry manner for an April, 2015 incident listing two Stormont-Vail emergency room personnel as victims.

Raymond Schwab faces charges of criminal trespass, criminal damage to property and loitering or prowling around a dwelling for a July 2015 incident at Sasnaks Adult Entertainment Club on North Topeka Boulevard. It's set for a July 26th docket hearing.