If your child’s safety, well-being, or stability is at stake, you may need to consider temporary custody in an Ohio divorce. Temporary parenting orders give you a way of providing short-term stability for your child until long-term custody arrangements can be made.
Are you wondering how to request temporary custody in an Ohio divorce? If so, check out this article, where we will be discussing temporary and emergency custody in Ohio, how to request it, and how the court decides when this is acceptable.
What Are Temporary Custody Orders?
There are generally two types of child custody orders that are used as a short-term solution for a child’s safety, well-being, and stability. Emergency child custody is reserved for situations where the child’s safety or well-being is in imminent danger, requiring immediate action. While temporary custody orders are usually used for situations where the child’s stability is at risk due to transitions within the family.
Because of this, temporary child custody during a divorce is a common solution parents use as a way of providing short-term stability for the child during a transitional period. Divorce proceedings can be lengthy and confusing for children, especially if there is contention between the parents. A short-term custody arrangement provides stability so that children are impacted as little as possible during this transition.
Temporary custody orders are also a good solution for parents who are not working well together. It creates a straightforward outline so that there is minimal risk of miscommunication or disagreements and both parents know exactly what they need to do when caring for the child.
How to Request a Temporary Custody Order
Before proceeding with requesting temporary custody orders, it is important to mention that court involvement isn’t always necessary. According to Ohio law, a temporary arrangement can be made if both parents agree on the details for up to 30 days without having to seek the court’s approval. However, if this is not applicable to your situation, you will need to file for temporary custody with the court.
To request a temporary custody order, you will need to file a motion for temporary orders along with your divorce petition. Keep in mind that your ex-spouse could ask for a hearing if they believe that the temporary orders are unfair. If that is the case, a hearing will be held, and a judge will determine the outcome based on the evidence and testimony provided by both parties.
This is another area where emergency and temporary custody orders differ from one another, as emergency custody orders are usually time sensitive and are the courts top priority.
Before you move forward with filing for temporary custody, you need to hire an Ohio divorce lawyer. Although it is not required to have a lawyer, it is strongly recommended as they can help you with the filing process, as well as help get the best possible outcome if your request is contested by your ex-spouse.
How Courts Decide Temporary Custody
Temporary custody orders are the same as normal child custody orders, except they are short-term. So, the factors the court will take into consideration are very standard for any type of custody arrangement. Here are some of the things the court will consider:
- The best interests of the child
- Child and parent relationships
- Existing care arrangements
- Living situations
- Parental involvement
- Parental incomes
The main thing the court will consider is what arrangements are in the best interests of the child. In most cases, the temporary custody orders will reflect the child’s normal living situation as a way of providing better stability during a divorce.
How Long Do Temporary Orders Last?
Generally speaking, temporary custody orders last up to a year before they need to be replaced by long-term child custody. However, this is not a strict deadline, as temporary custody orders can be extended to match the divorce process. Divorce cases can go on for quite some time, and the court will be flexible to ensure the stability of the child during this process.
Also, temporary orders can ultimately evolve into permanent custody arrangements if both parents agree that it fits the needs of the child. The court may also determine that the temporary arrangements have been in the child’s best interest and should evolve into a more established custody arrangement.
FAQ Section
Can one parent file for temporary custody before the divorce is finalized?
Yes, you can request temporary custody along with your divorce petition as a way of providing stability for your child as your divorce case is proceeding. Keep in mind that although you can do this on your own, your ex-spouse could contest the temporary custody arrangements.
Can a temporary order be changed?
It isn’t common for temporary custody orders to be changed as they are designed to provide only short-term stability. However, if there is a significant change in circumstances or you have concerns, you can request that the temporary order be modified. When you do this, you need to provide significant evidence backing up your reason for requesting the modification.
Are temporary orders legally enforceable?
Although not as final as traditional custody orders, temporary orders can be enforced by the court to ensure the best interests of the child involved. You can also file a motion for contempt if you believe that the temporary order has been knowingly violated.
Do temporary orders impact the final custody ruling?
This may or may not be the case depending on the situation and how well the temporary custody orders worked. In some cases, both parents or the court may decide that the temporary orders were best for the child and can evolve into permanent child custody arrangements. However, this is not always the case, especially if there have been significant changes in circumstances for one or both of the parents.
Hire a Family Law Attorney in Ohio
If you are navigating child custody during a divorce, you may need to consider temporary custody orders. Richard P. Arthur, Attorney at Law, has extensive experience handling family law cases and can help you request a temporary custody order in an Ohio divorce. To proceed with your family law case, contact us today at 937-254-3738 for a free consultation.