When there is serious concern over a child’s current custody arrangement, you may make a request to the family law court asking for expedited action. They have the authority to grant emergency custody orders, which will give you full parental rights to the child until a more permanent solution can be decided. However, emergency custody is only awarded under specific circumstances. The following guide explains when it’s appropriate to apply and how the legal process works.

Grounds for Ex Parte Orders

An emergency custody motion is only applicable in situations where a child is in immediate potential danger, and swift measures must be taken to help keep them safe. In Ohio, family law courts may approve temporary custody if the child is considered at risk due to a parent’s substance abuse, there are allegations of sexual abuse, the child has been abandoned, there have been threats of abuse or mistreatment, or a convicted sex offender is holding custody. You must be able to prove legitimate grounds exist. The court won’t grant an order based on unsubstantiated claims or because you’re uncomfortable with a custody arrangement.  

The Filing Procedure

To obtain an ex parte order, you’ll need to file an Emergency Custody Motion with the court. This must be accompanied by an affidavit stating why you believe the child is facing imminent harm and a request for a hearing. You should also submit a Judgment Entry form, which will allow you to be notified in writing if your motion was granted. 

Have your documents notarized, and make copies to send to the current custodial parent or guardian. Then, you’ll be required to attend the hearing once a date is set and provide the court with evidence to support your claim. Working with an experienced family law attorney will help ensure you deliver a compelling motion that convinces the judge emergency custody is warranted.

The Longevity of Emergency Custody

Once temporary custody is granted, another hearing will occur within two weeks to determine if the order should stay in place or be terminated. Generally, a new emergency order will last for one year, but if an existing arrangement is being modified, the order will expire after eight months. Family law judges can decide to alter these timelines depending on the details of each case.

If you need to file for emergency custody of a minor, turn to O’Connor, Mikita & Davidson LLC for expert legal guidance. These experienced attorneys will use their extensive knowledge of family law to present the court with a strong case on your behalf. In practice since 1995, this firm has successfully handled many complex child custody disputes for residents across Cincinnati, OH. Call (513) 655-2068 to schedule a free consultation, or visit them online to learn more about their services.