Q: I’m in the middle of a divorce. The children have lived with me since the split with him getting visits.
I had a hospitaliztion and cps put the boys with the father. Cps has has cleared me. What are my legal rights for the boys to come home and what steps should I take?
A: Pursuant to Ohio Revised Code Section 3109.043 concerns temporary custody orders and states that in any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, when requested in the complaint, answer, or counterclaim, or by motion served with the pleading, upon satisfactory proof by affidavit duly filed with the clerk of the court, the court, without oral hearing and for good cause shown, may make a temporary order regarding the allocation of parental rights and responsibilities for the care of the child while the action is pending. This means that when a Divorce case is pending the parties can filed Motions to request the court grant certain temporary orders.
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