Q: I am the defendant in an ex parte emergency motion for temporary allocation of parental rights and responsibilities.
I am the custodial parent living in NC. The father brought the complaint in Ohio. I have a deadline to answer to complaint and am wondering if i can ask for a continuace in order to retain counsel and if so how?
A: In Ohio, filing Motions for Ex Parte Emergency child custody orders varies county to county. They are not permitted in all counties and if they are permitted parties must meet the applicable legal standard to receive such an order. When an Ex Parte Motion is granted the court is required to hold a hearing generally within 10 days to allow the other party a chance to argue why the order should not stand. When the request for order is denied the party who was denied the motion is also entitled to a hearing within the statutory timeline. An emergency Ex Parte custody order can be granted initially without the other's party's appearance. However, it may not be extended if the emergency is disproved or rendered a nonemergency matter at the scheduled hearing.
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