Ohio Emergency Custody Motion

Introduction

Key Things to Know

1. 1

   If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.

2. 2

   Ohio has no separate emergency custody statute. The tools are a temporary order allocating parental rights on affidavit (R.C. 3109.043; Civ.R. 75(N)), temporary emergency jurisdiction (R.C. 3127.18) and, for domestic violence, an ex parte protection order (R.C. 3113.31).

3. 3

   R.C. 3109.043 allows the court, upon satisfactory proof by affidavit duly filed with the clerk, without oral hearing and for good cause shown, to make a temporary order regarding the allocation of parental rights and responsibilities.

4. 4

   In a divorce or legal separation action, where Civ.R. 75(I) applies instead of Civ.R. 65(A), Civ.R. 75(I)(2) provides that a temporary restraining order may be issued without notice, on an affidavit that a child is about to suffer physical abuse, annoyance, or bodily injury. It remains in force during the pendency of the action unless the court or magistrate otherwise orders.

5. 5

   After a temporary parental-rights order is journalized, the court shall grant an oral hearing within 28 days on written request (Civ.R. 75(N)(2)). The court decides whether to grant any order.

6. 6

   For temporary emergency jurisdiction, R.C. 3127.18 requires that the child be present in Ohio and either abandoned or in need of emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. Such an order lasts until an order from the state with jurisdiction or the period the court specifies.

7. 7

   For abuse, a domestic violence civil protection order under R.C. 3113.31 can be requested, with an ex parte hearing the same day the petition is filed if requested, and a full hearing within 7 court days for an (E)(1)(b) or (c) order or 10 court days for other orders. The petitioner pays no filing fee, and the order can allocate parental rights. Filing does not excuse reports required by R.C. 2151.421. For non-emergency changes, see the modifying child custody guide.

Ohio Requirements for Emergency Custody Motion

• Affidavit filed with the clerk

  R.C. 3109.043 requires satisfactory proof by affidavit duly filed with the clerk of the court before a temporary order can issue without oral hearing.

• Good cause shown

  The court may make a temporary order allocating parental rights and responsibilities for good cause shown (R.C. 3109.043; Civ.R. 75(N)).

• Threat of abuse or bodily injury

  In a divorce or legal separation action, Civ.R. 75(I)(2) allows a temporary restraining order without notice on an affidavit that a child is about to suffer physical abuse, annoyance, or bodily injury.

• Oral hearing on written request

  After a temporary parental-rights order is journalized, the court shall grant an oral hearing within 28 days on written request (Civ.R. 75(N)(2)).

• Temporary emergency jurisdiction

  R.C. 3127.18 applies when the child is present in Ohio and abandoned, or needs emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

• Facts of the emergency

  State dates, places, people present and the specific harm threatened, in the affidavit.

• Specific temporary orders requested

  List each order sought, such as temporary residential parent, limited or supervised parenting time, or a restraint, as separate alternatives.