The safety and welfare of children is a key priority of the Ohio family law system. In child custody cases, the best interests of the children are always paramount—and judges will not hesitate to act if a child’s welfare is at risk.
In some cases, emergency custody orders may be issued to protect children from an abusive parent. If necessary, the Ohio courts can issue these temporary orders quickly before making more permanent custody decisions.
However, it is important to take swift legal action if there is a threat of abuse from a parent. Let’s consider the grounds for emergency custody in Ohio, how to file for it, and what happens after filing.
What is an Emergency Custody Order?
An emergency custody order (sometimes called an ex-parte order) is a temporary order that can be issued to protect a child from immediate danger. The court temporarily grants one parent or guardian the right to care for and make decisions for a child without the other parent’s input.
Under Ohio law, an emergency custody order may be issued if a child’s welfare is threatened. The threats could include any of the following:
- Parental abandonment
- Abuse or neglect (including sexual abuse)
- Endangerment due to a parent’s alcohol or drug use
- Threats of abuse or mistreatment
When can you seek an Emergency Custody Order in Ohio?
Often, the allocation of parental rights and responsibilities (custody) requires protracted legal negotiations between the parents or a hearing in front of a family law judge. Resolutions can take many months from the initial filing of court paperwork to a final custody order.
Emergency custody orders may be requested by a parent at any point in cases, including when opening a case or requesting a modification of an existing order. Besides parents, any other adult with reason to worry about a child’s immediate safety can file an emergency custody order.
The Ohio courts may issue other temporary or final orders depending on the circumstances in the case. However, emergency custody orders generally require swift action to prevent harm from coming to the child.
To obtain an emergency custody order, a parent typically needs to show ample proof of abuse or the threat of abuse to the child. This usually includes police reports, medical records, reports filed with the Ohio Department of Job and Family Services, witness statements, or even video footage of interactions between the alleged abusive parent and the child.
The courts are reluctant to limit parental access to a child—even temporarily—unless there is clear evidence to suggest a threat to the child’s welfare.
How to file for an Emergency Custody Order in Ohio
Several legal steps are required to file for an emergency custody order in Ohio:
- Prepare a notarized statement describing the emergency situation, supported by evidence, such as police reports, medical records, witness statements, etc.
- File a Motion for Ex-Parte/Emergency Custody with the clerk of your local court
- Attend a court hearing process (typically within 24 hours) and present the case for emergency custody. The defendant (usually the other parent) does not have the right to attend and present a case but will have the opportunity to do that before a final order is issued.
- Await the verdict of the judicial officer assigned to your case after your petition and evidence have been considered.
Because of the emergency nature of these cases, they usually receive priority consideration by the Ohio courts. Other types of custody orders may take considerably longer.
What happens after an Emergency Custody Order is granted?
If the emergency custody order is granted, it will take effect as soon as a judge issues it and remain in place until a future custody hearing, usually around two weeks later. The court will then consider and enter a more permanent order.
The recipient of an emergency order has the sole right to make decisions for the child but should ask the clerk of court for a copy to clarify the conditions. In some cases, the parent excluded from custody in the emergency order may still be allowed supervised visits to see the child.
If you’ve hired a child custody lawyer, you will be advised about this and how to prepare for the next hearing. At the hearing, both you and the defendant can present evidence and testimony. After considering this, the court will rule again in the best interests of the child, with several options available:
- Extend the order
- Terminate the order
- Order counseling
- Order supervised parenting time
- Order other conditions to protect the child
Emergency custody orders generally expire after a year in new cases and after eight months in child custody modification cases in Ohio. Sometimes, however, they are replaced by final orders or terminated before they expire.
What if your request for Emergency Custody is denied?
Emergency custody orders may be denied due to a lack of evidence that the child is in immediate danger.
If this is the case, you can still pursue an allocation of parental rights and responsibilities with Ohio courts. Here, you can try to obtain temporary or permanent custody, depending on the circumstances. If you intend to do this, consult an attorney to discuss your options and next steps.
How can a lawyer help in Emergency Custody cases?
Legal assistance can often expedite and strengthen an emergency custody case. A child custody lawyer can also help you understand the legal processes, complete/file the necessary paperwork/evidence, and prepare for the hearings that will go a long way to determining your family’s immediate and longer-term future. Emergency custody cases can be contentious and difficult to navigate without the assistance of an experienced custody attorney.
Your lawyer will advocate for your child’s best interests in court while protecting your parental rights. This legal and practical support can be especially valuable at such an emotional time for families.
Professional guidance is advisable if you’re concerned about a child’s safety and are considering a petition for an emergency custody order.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your circumstances in detail and to learn how our experience and resources can work for you.
