The Ex Parte Temporary Custody Order Ohio form is a legal document that allows a party to request an emergency custody order from the court while a custody case is pending. This form must be filed alongside your Complaint or Motion for Custody and includes instructions for properly completing and submitting the request. Understanding how to fill out and file this form is crucial for anyone seeking immediate custody of a child in Ohio.
The Ex Parte Temporary Custody Order form in Ohio is a crucial document for individuals seeking immediate custody of a child during legal proceedings. This form allows a party to request an emergency order for custody while a case is ongoing. It must be filed alongside a Complaint or Motion for Custody. The process begins with filling out the Verified Motion for Temporary Orders Ex Parte, which requires detailed information about both parties, including names, addresses, and contact information. If there is an existing custody order, the case number must be included. The form also requires a notarized signature, ensuring that the request is formally verified. After completing the form, it must be filed with the Clerk of Court, who will keep the original and provide a time-stamped copy as proof of filing. If the motion is granted, a hearing will be scheduled where the requesting party must present evidence supporting their claim for custody. It’s essential to prepare thoroughly for this hearing, as the court will focus on the best interests of the child rather than personal grievances. Understanding these steps can help streamline the process and increase the chances of a favorable outcome.
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.
Verified M otion for T emporary Orders Ex Parte (Library)
Tab # 17
Page 1 of 7
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.
Page 2 of 7
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.
Page 3 of 7
IN THE COMMON PLEAS COURT
________________ COUNTY, OHIO
_____________________ DIVISION
*
(Name)
(Address)
(City, State, Zip)
(Telephone Number)
(Birth Date)
Plaintiff/Petitioner,
CASE NUMBER _________________
vs.
JUDGE _________________________
Defendant/Petitioner.
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):
Page 4 of 7
Child’s Name
Date of Birth
ex parte, for the reasons set forth in the Memorandum below.
MEMORANDUM
______________________________________________________________________________
Respectfully submitted,
__________________________________________
Movant
Page 5 of 7
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.
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.
Page 6 of 7
_______________ COUNTY, OHIO
____________________ DIVISION
_________________________,
:
Case No. _______________
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
Page 7 of 7
Soqic Ohio - By reducing paperwork redundancy, SOQic allows clinicians more time to focus on direct patient care.
Ohio Liquor License Transfer - It is an essential procedural document for those engaging in the sale, gift, or transfer of liquor businesses in Ohio.
When engaging in a tractor sale, it is crucial to utilize the proper documentation, such as the Arizona Tractor Bill of Sale. This essential legal document facilitates the smooth transfer of ownership, providing vital information about the buyer, seller, and specific details regarding the tractor. For those looking for a reliable source to obtain this document, Arizona PDFs offers a convenient template that ensures both parties have a clear and accurate record of their transaction.
Amended State Return - Ohio IT 1040X is necessary for those who have filed their IT 1040 and need to make changes to their originally reported tax details.