How Can I Get Emergency Custody Of My Child In Ohio?
Published 06/17/16 by Admin
If you find yourself at this blog, you may be facing a very serious situation. If this is the case, and you find yourself in a situation where your child may be at risk living with another parent or guardian, the first thing you should do is contact a legal professional or attorney for advice and counsel in moving forward in obtaining emergency custody. This blog, should not be construed as legal advice, but rather is a basic summary of the process an individual may go through if they are seeking to gain emergency custody of their child. Also, as the title suggests, this information is relevant primarily to people living in the state of Ohio. While the process may be identical or similar in other states, the information contained in this blog is directed at the Ohio process as it currently stands.
Like almost anything that involves the legal system, there is a process an individual must go through if they are seeking to gain emergency custody of their child. The following four steps is a simplistic breakdown of that process and what you can expect as a parent or guardian seeking to gain emergency custody of your child.
Step One: Fill out a Motion for Emergency Custody or Verified Motion for Temporary Orders Ex Parte.
Either of these forms can be obtained online or through your local courthouse. In essence, both of these motions are the same. You will fill them out, citing specific reasoning for why you believe that your child is in imminent danger or should not be living with their current parent or guardian. Some typical situations in which emergency custody may be granted are situations in which a parent or guardian has made threats against the child, child abuse or illegal activity such as drug abuse and/or violence in the home.
Step Two: Include a Judgement Entry form and have your motion notarized.
By including a blank Judgment Entry form with your motion, you are ensuring that you receive a physical copy of the judgment reached by the court so you are fully aware of whether or not you received custody, and if you do receive custody, for how long. This is important to have for your own knowledge as well as your records in case there is a dispute or discrepancy. Also, be sure that you wait to sign your motion in front of a notary public that way they can certify that what you say is true and accurate. Also, make sure you have copies of all documents you submit to the court.
Step Three: Submit your motion to the court.
After you have signed your motion, have attached a blank Judgement Entry form and had your motion notarized by a licensed notary public, you must now submit your motion to the court where it will be filed. Bring the original motion as well as all of your copies with you when you file. Because you are submitting the motion to the court, you may be required to pay a filing fee. These fees can vary, but there is the possibility of receiving a fee waiver if you are unable to pay the filing fee. You should also mail a copy of the motion to the parent or guardian that the child is living with currently so they are informed as soon as possible. The clerk will eventually provide you with a date on which an emergency custody hearing will be held.
Step Four: Attend the scheduled hearing.
Once you have received the scheduled date for your hearing, you will be required to attend. In most cases, the parent or guardian who your child is living with will also attend the hearing. Be sure to bring any and all evidence with you to support your claims of why your child should not be living where they currently are. If the child is old enough, they may be able to testify at the hearing, but this isn’t always required and this isn’t always necessary. After the court has heard all of the evidence, it will make its decision on whether or not to grant emergency custody. If the court does grant emergency custody, this will only be temporary until another hearing can be scheduled to determine the permanent custody determination for the child.
Regardless of whether or not you are able to obtain emergency custody of your child, it is important to stay aware and informed of your child’s living situation and do everything that you can to ensure that they are being appropriately taken care of. An attorney can also work with you through this process and help ensure that your child’s well-being is protected.