Emergency Motion To Return Child For Visitation In Ohio
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FAQ
To request an emergency custody order, you must prepare a Motion for Emergency Custody, along with an Affidavit verifying the basis for your motion. You must schedule a hearing before your assigned Judge. The Motion for Emergency Custody will be heard within 30 days from the date of filing your motion.
(1) The child has been abandoned. (2) It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
To obtain emergency custody of a child, a parent must first file a motion for emergency custody with the clerk of court. The form will require the parent to include detailed information regarding the purported imminent threat to the child in the existing custody situation.
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.
(1) The child has been abandoned. (2) It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
TEMPORARY CUSTODY – Temporary custody is expected to be temporary. A temporary custody order can last for a year.
What information must be reported on ohio emergency custody forms? Ohio emergency custody forms must include information such as the petitioner's name, address, phone number, relationship to the child, the child's name, date of birth, any known medical or mental health conditions, and the location of the child.
