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Preview - Ex Parte Temporary Custody Order Ohio Form

CUSTODY

VERIFIED MOTION FOR TEMPORARY ORDERS EX PARTE

INSTRUCTIONS

Attached is a form requesting that the Court grant you an emergency order for custody during the pendency of a case. This form must be filed in conjunction with your Complaint or Motion for Custody.

These instructions are intended to be a general guide to help you get the forms filled out, filed with the Court, and properly before the Judge. These instructions are not intended to be a legal analysis of your request or advice as to whether you should win your request. They are merely to assist you in preparing and presenting your request.

A.FILLING OUT THE FORM - TYPEWRITTEN OR IN INK

1.The enclosed forms should be filled out before you go to the Courthouse to file them. The Clerk of Court’s staff will not help you in completing the forms.

2.Verified Motion for Temporary Orders Ex Parte - If there is no existing Order and you have, or are filing a Complaint, you are the Plaintiff. If there is an existing Order and you have, or are filing a Motion, and you were the Plaintiff on that Order, you are still the Plaintiff. If there is an existing Order and you have, or are filing a Motion, and you were the Defendant on that Order, you are still the Defendant.

Fill in the name of the county and court division (i.e., Juvenile, Domestic Relations) and the name, address, telephone number, and birth date of both parties. If there is no existing order, leave the case number blank. If there is an existing order, use the same case number that is on the existing order.

Fill in your name. Fill in the name(s) and date(s) of birth of the child(ren).

Under Memorandum, explain the reason that you need the Court to grant an emergency order.

This is a verified Motion. Your signature has to be notarized. Sign your name above

Movant when you are in the presence of the Notary.

Under Instructions for Service, check either Plaintiff or Defendant (the person you want the Court to serve the papers on) and sign your name above Movant.

3.Judgment Entry - Fill in the name of the county and court division, and the Plaintiff and Defendant. Fill in the case number if there is an existing order.

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4.Remove the instructions sheets and make three copies of each page of each form.

B.FILING THE MOTION

1.After the forms are filled out and copied, YOU MUST TAKE THEM to the Clerk of Court’s office to be filed.

2.When you file your Motion, the Clerk's office staff will take the original and three copies of your papers. You should ask the Clerk to time-stamp your copy of the Motion. This will be your proof that you filed the originals. The Judgment Entry will not be file-stamped at this time.

3.If your Motion is granted, a hearing will be set.

C.WHEN A HEARING IS SET

1.You should present a neat appearance to the Court. The Court will not permit anyone to appear in court if s/he is wearing any of the following items of clothing: a hat, shorts, sandals, sleeveless shirts, tops, or blouses, clothing displaying indecent language or pictures, or clothing with large rips or holes. Make sure that your witnesses know this and comply with these requirements.

2.You must be prepared for the hearing. You should have with you any witnesses that you wish to use to support your request. You should also bring any papers or other physical evidence that you want the Magistrate to see. It is your burden to prove that it is in the best interests of the child(ren) to be with you.

3.You will probably testify first. You should be prepared to tell the Magistrate all of the things that have happened that show that you should be granted temporary custody. This is the only opportunity that you will have to present the facts, so make sure that you include everything.

4.VERY IMPORTANT: This is not the time to tell the Magistrate everything that the other person has done that you disagree with or that has hurt or angered you. The Magistrate will only want to hear the evidence that shows it is in the best interests of the child(ren) to be with you. Be prepared to limit your testimony to those points raised in your Motion. Tell the Magistrate why you believe the child(ren) benefit(s) by living in your home with you.

5.At the hearing you may be asked questions by the Magistrate or by the other party or by an attorney. Directly respond to the questions. Listen to the question; make sure that you understand the question; and answer the question. If you do not understand the question, ask to have the question explained to you before answering it. Never answer a question you do not understand.

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6.Child support and parenting time will also be decided. When child support is at issue, you must prove your income and expenses.

7.Note: The other party may ask the Court for parenting time or visitation. If you want visitation limited or supervised, you will have to prove that it is in the best interests of the child to do that. You should have a list or idea of your reasons to tell the Court why visitation should be limited or supervised. If you have no reasons, you should not ask for limitations or supervision.

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IN THE COMMON PLEAS COURT

________________ COUNTY, OHIO

_____________________ DIVISION

*

(Name)

*

(Address)

*

(City, State, Zip)

*

(Telephone Number)

*

(Birth Date)

 

*

 

Plaintiff/Petitioner,

*

CASE NUMBER _________________

 

*

 

vs.

*

JUDGE _________________________

 

*

 

(Name)

*

 

 

 

(Address)

*

 

 

 

(City, State, Zip)

*

 

 

 

(Telephone Number)

*

 

 

 

(Birth Date)

*

 

 

 

Defendant/Petitioner.

*

 

VERIFIED MOTION FOR TEMPORARY ORDERS EX PARTE

Now comes _________________________, and moves this Honorable Court for an Order

designating him/her as the temporary, residential parent and legal custodian of the minor child(ren):

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Child’s Name

Date of Birth

ex parte, for the reasons set forth in the Memorandum below.

MEMORANDUM

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Respectfully submitted,

__________________________________________

Movant

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STATE OF OHIO

SS:VERIFICATION COUNTY OF ________________,

The undersigned, being duly sworn, hereby state that the facts in the foregoing Verified Motion for Temporary Orders Ex Parte are true to the best of his/her knowledge and belief.

__________________________________________

Movant

SWORN TO AND SUBSCRIBED BEFORE ME, a Notary Public, this _______ day of

_______________, 200__.

__________________________________________

NOTARY PUBLIC

INSTRUCTIONS FOR SERVICE

TO THE CLERK:

Please serve a copy of the Verified Motion for Temporary Orders Ex Parte upon:

9Plaintiff

9Defendant

at the address designated in the caption by Certified Mail service, with a return thereof as required by law.

__________________________________________

Movant

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IN THE COMMON PLEAS COURT

_______________ COUNTY, OHIO

____________________ DIVISION

_________________________,

:

 

Plaintiff/Petitioner,

:

Case No. _______________

vs.

:

JUDGE ___________________

_________________________,

:

 

Defendant/Respondent.

:

JUDGMENT ENTRY

Upon Motion of _________________________ and for good cause shown, he/she is hereby

designated ex parte as the temporary residential parent and legal custodian of the following children born on the following dates:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

IT IS SO ORDERED.

__________________________________________

JUDGE

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Document Properties

Fact Name Details
Purpose This form is used to request an emergency custody order during an ongoing case.
Filing Requirement The form must be filed alongside a Complaint or Motion for Custody.
Completion Method Forms should be filled out using a typewriter or in ink before going to court.
Verification The motion requires notarization of the signature to be valid.
Clerk Interaction Clerk of Court staff cannot assist in filling out the forms; it's the responsibility of the filer.
Hearing Preparation Attendees must dress appropriately; certain clothing items are not permitted in court.
Burden of Proof The filer must demonstrate that granting custody is in the best interest of the child.
Child Support Consideration Child support and parenting time will be addressed during the hearing.
Governing Law This form is governed by Ohio Revised Code § 3109.04 regarding custody orders.

Documents used along the form

The Ex Parte Temporary Custody Order in Ohio is a crucial document for those seeking immediate custody of a child in emergency situations. Along with this form, several other documents may be necessary to support your case and ensure that the court has all the information it needs to make a decision. Below are some common forms and documents that are often used in conjunction with the Ex Parte Temporary Custody Order.

  • Complaint for Custody: This document initiates the custody case. It outlines the reasons for seeking custody and provides the court with basic information about the parties involved and the child. It sets the stage for the subsequent hearings and motions.
  • Affidavit of Support: This is a sworn statement that provides evidence or testimony to support the claims made in the motion for temporary custody. It may include details about the child's living situation, any concerns about their safety, or other relevant information that supports the request for custody.
  • Notice of Hearing: Once the motion for temporary custody is filed, a notice of hearing must be served to the other party. This document informs them of the date and time when the court will hear the motion, ensuring that both parties have the opportunity to present their case.
  • Gift Certificate form: A documented agreement that transforms a specific amount into a redeemable instrument for goods or services, ensuring compliance with consumer protection laws. You can find templates for this form at smarttemplates.net.
  • Judgment Entry: After the hearing, the court issues a judgment entry that outlines the court's decision regarding custody. This document is essential as it officially records the court's ruling and may include terms related to custody, visitation, and child support.

These documents work together to facilitate the custody process. Each serves a specific purpose, ensuring that the court has the necessary information to make informed decisions in the best interests of the child. Proper preparation and understanding of these forms can help individuals navigate the complexities of custody proceedings more effectively.

Guidelines on Filling in Ex Parte Temporary Custody Order Ohio

Once you have filled out the Ex Parte Temporary Custody Order form, you will need to file it with the court. The court will review your request and may set a hearing to discuss your case further. It’s essential to be prepared and present your reasons clearly during this process.

  1. Fill out the form using either a typewriter or black ink. Complete the form before visiting the courthouse.
  2. Identify whether you are the Plaintiff or Defendant. If there’s no existing order, leave the case number blank. If there is, use the same case number from the existing order.
  3. Provide the name of the county and court division (Juvenile or Domestic Relations). Include your name, address, phone number, and birth date, as well as the same details for the other party.
  4. List the names and birth dates of the child(ren). In the Memorandum section, explain why you need an emergency custody order.
  5. Sign your name above “Movant” in front of a Notary Public. Your signature must be notarized.
  6. Under Instructions for Service, indicate whether you are the Plaintiff or Defendant and sign your name above “Movant” again.
  7. For the Judgment Entry section, fill in the county, court division, Plaintiff, and Defendant names. Include the case number if applicable.
  8. Remove the instruction sheets from your forms and make three copies of each page.
  1. Take the completed forms to the Clerk of Court’s office for filing.
  2. Submit the original and three copies to the Clerk. Request a time-stamped copy as proof of filing.
  3. Wait for the court to set a hearing if your Motion is granted.
  1. Dress appropriately for court. Avoid hats, shorts, sandals, sleeveless tops, or clothing with offensive language or large rips.
  2. Prepare for the hearing by bringing any witnesses and evidence that support your request.
  3. Be ready to testify first. Clearly explain why temporary custody should be granted to you.
  4. Focus your testimony on the best interests of the child(ren) and avoid discussing grievances against the other party.
  5. Answer any questions from the Magistrate or the other party directly. If you don’t understand a question, ask for clarification.
  6. Be prepared to discuss child support and parenting time, providing proof of your income and expenses if necessary.
  7. If you wish to limit or supervise visitation, be ready to explain your reasons clearly to the court.

Common mistakes

When filling out the Ex Parte Temporary Custody Order form in Ohio, many individuals make mistakes that can hinder their requests. One common error is failing to complete the form before arriving at the courthouse. It is essential to fill out all sections of the form, as the Clerk of Court’s staff cannot assist with this process. Leaving any part of the form incomplete may lead to delays or even a rejection of your filing.

Another frequent mistake is misunderstanding the designation of parties involved. Individuals often confuse their roles as Plaintiff or Defendant based on existing orders. If there is no existing order, you are the Plaintiff if you are filing a Complaint. If there is an existing order, your designation depends on whether you were the Plaintiff or Defendant in that order. Accurately identifying yourself is crucial to avoid complications.

Inadequate explanation in the Memorandum section is another area where people falter. This part of the form requires a clear and compelling reason for requesting an emergency order. Simply stating a need for custody without elaboration may not provide sufficient context for the court. It is important to detail why the court should grant your request, focusing on the best interests of the child.

Many individuals neglect the requirement for notarization. The signature on the verified motion must be notarized, which means you should sign the document in the presence of a notary public. Failing to do so can render your motion invalid, as the court requires this verification to ensure authenticity.

Another mistake occurs when individuals forget to check the appropriate box under Instructions for Service. You must indicate whether you are the Plaintiff or Defendant, as this will determine how the court serves the other party. Not completing this step can lead to confusion and delays in the legal process.

Additionally, some people fail to prepare adequately for the hearing. It is essential to bring any witnesses and evidence that support your case. Being unprepared can weaken your position and make it difficult to present a compelling argument to the magistrate.

Lastly, a common oversight is focusing too much on the other party's faults rather than the child's best interests. During the hearing, the magistrate is primarily concerned with the well-being of the child. It is important to limit your testimony to how the child would benefit from being in your custody, rather than detailing grievances against the other party. Keeping the focus on the child will strengthen your case and demonstrate your commitment to their welfare.

FAQ

  1. What is an Ex Parte Temporary Custody Order in Ohio?

    An Ex Parte Temporary Custody Order is a request made to the court for immediate custody of a child without notifying the other parent or party involved. This type of order is typically sought in emergency situations where waiting for a regular hearing could pose a risk to the child’s safety or well-being.

  2. Who can file for an Ex Parte Temporary Custody Order?

    Any parent or legal guardian can file for this order. If you are currently involved in a custody case or are filing a new complaint, you will be designated as either the Plaintiff or Defendant based on your previous role in any existing orders.

  3. What forms are needed to file for this order?

    You will need to complete the Verified Motion for Temporary Orders Ex Parte form. This form must include details such as the names and birth dates of the child(ren), the reasons for the emergency custody request, and your contact information. Ensure that your signature is notarized before submission.

  4. How do I file the Ex Parte Temporary Custody Order?

    After filling out the required forms, you must take them to the Clerk of Court’s office in your county. Bring the original and three copies of each form. The Clerk will time-stamp your copy, which serves as proof of filing.

  5. What happens after I file the motion?

    If the court grants your motion, a hearing will be scheduled. It is crucial to prepare for this hearing by gathering any evidence or witnesses that support your case. You will need to demonstrate why it is in the best interests of the child(ren) to be placed in your custody.

  6. What should I expect during the hearing?

    During the hearing, you will likely testify first. Focus on presenting facts that show why the child(ren) should be with you. Avoid discussing grievances against the other party. Be prepared to answer questions from the judge or the other party, and ensure you understand each question before responding.

  7. Can the other party request visitation or parenting time?

    Yes, the other party may ask for visitation rights. If you believe visitation should be limited or supervised, you must provide valid reasons to the court. Be prepared to explain why such limitations are in the best interests of the child(ren).