Ankeny, IA asked in Family Law and Child Custody for Ohio

Q: can i get emer. custody of my 4 y/o and her 9 y/o sister who is not mine but I have raised since age 3 as mom is in jail

I have 4 yr old. her mom has 9 yr old which I have raised since age 3 (dad not in picture.) I have the girls at least 5 nights per wk. Mom is in jail. I want to get legal custody of both girls , but I need emergency custody now to make decisions regarding school, etc. since mom in jail

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1 Lawyer Answer
Raquel Ann Parish
Raquel Ann Parish
  • Divorce Lawyer
  • Delaware, OH
  • Licensed in Ohio

A: The best place to start for custody in Ohio when parents are unmarried is the County Court of Common Pleas Juvenile Court. When parents are unmarried and there are different Fathers two cases must be opened one for each minor child. Many county courts have help with filing packets for child custody and for Emergency Motions in certain situations. When filing for Emergency custody most Ohio counties require that a child custody case also be filed at the same time. The purported parents must generally be provided notice of the proceedings, but there are some exceptions. The court clerk cannot give legal advice but many of the filing packets do come with some instruction and the clerk may provide any additional necessary forms. When filing an Ex Parte Motion parties should appear as early in the day as possible to ensure there is time for an Ex Parte emergency hearing if one is granted. It is always best to seek the advice of legal counsel when possible to avoid unnecessary delays.

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