temporary custody

[busybee04]

What is the name of your state?oh

On what grounds would a judge order an ex parte temporary custody order? Typically, how much time would the parent have to gather evidence for the full custody hearing? Sorry for all the questions. I have done searching online with no solid answers and we really can't afford attorney for this.

 

[LdiJ]

What is the name of your state?oh

On what grounds would a judge order an ex parte temporary custody order? Typically, how much time would the parent have to gather evidence for the full custody hearing? Sorry for all the questions. I have done searching online with no solid answers and we really can't afford attorney for this.

Its difficult to answer your question because you have given so little information...but I will try.

Generally, ex-parte petitions/orders are for emergency situations. Situations where the child is at imminent risk if the court doesn't take rapid action.

Usually, a judge will attempt to schedule a full hearing fairly rapidly...whether the judge decides to make emergency orders or not.

 

[Children4life]

It happened to me

I've an an ex parte ordered on me a couple weeks ago. My ex was supplementing my daughter with soy milk and I refused to let him see her for a week. As a result, his attorney did an ex parte and the judge approved his order to show cause. I was ordered to allow him to see her every other day for 2 hours and provide breastmilk. This temp order is still in place and will not be addressed until our court date. From there the judge will ask him if he wants to lift the order. If not, it is up to the judge to determine how long this order will be in place. Its a horrible thing to have.

 

[busybee04]

Here's some more info. Is it appropriate to file an ex parte petition when it involves cp denial of visitation, involving the police and lying to them for them to participate, asking ncp to sign over rights to child so ncp will stop coming for visitation but never taking action on it. Child disrespecting ncp and cp is going right along with it. Also cp refers to ncp by first name when talking to child or if ncp calls.

Ncp feels this among other things is destroying the child. Child has no normalcy in life. These games being played by cp have been going on for 3+ years now and it is really starting to affect the child since the child is getting older (9). I realize that changing custody would move child out of school district, etc., but wouldn't it benefit the child more to have a schedule, rules, respect, among other things like better living conditions, more involvement in activities and childs well being. Keep in mind ncp is always there for visitation. Ncp got current visitation order in hopes that this would all end, but ultimately it has only gotten worse since.

 

[lisagr33]

busybee04-the cp is confusing your child when they refer to you by your first name. Your child knows you by mom. Stand your ground and talk to the cp about the fact that you are the child's mom and would appreciate being referred to as mom. Is there a step parent involved?

 

[busybee04]

actually cp is mom ncp is dad. I am step mom. Yes there is a step dad. Mom makes it real clear that SHE prefers him to be real dad. Even going to the extent of involving step dads parents as childs grandparents. Saying that at Christmas time it is more important for child to go to step grandparents house for christmas than to be with dads family. She's also said that about other holidays and she pumps the child up with what she's going to miss out on if she goes to see her Dad. When talking with the child a few months ago, summer vacation, she said that it was Moms idea to never want to see Dad again and child said she was sad because she doesn't get to see her Dad that much now, since visitation is only every other weekend. Aside from physical abuse and neglect, should Dad file a petition for temp custody or is that not what that petition is for?

 

[stealth2]

Has Dad ever filed contempt for the denied visitation?

 

[lisagr33]

Sorry for the misunderstanding. Does cp have child call SD dad? No wonder the child is confused. How are the holidays listed in the court order? In mine it states that I have my children every Christmas from Christmas day at noon to New Year's Day until 6 p.m. Some courts have alternating holidays. What type of custody does your husband have with ex? Joint Legal with her having primary custody? You mentioned something about physical abuse and neglect. Has that been happening?

 

[LdiJ]

actually cp is mom ncp is dad. I am step mom. Yes there is a step dad. Mom makes it real clear that SHE prefers him to be real dad. Even going to the extent of involving step dads parents as childs grandparents. Saying that at Christmas time it is more important for child to go to step grandparents house for christmas than to be with dads family. She's also said that about other holidays and she pumps the child up with what she's going to miss out on if she goes to see her Dad. When talking with the child a few months ago, summer vacation, she said that it was Moms idea to never want to see Dad again and child said she was sad because she doesn't get to see her Dad that much now, since visitation is only every other weekend. Aside from physical abuse and neglect, should Dad file a petition for temp custody or is that not what that petition is for?

To get back to your original question...this isn't an issue where an ex-parte is appropriate. Its not a sudden, emergency type of situation.

This is a situation where your husband really needs an attorney. He is going to need to file for contempt for any visitation that he has been denied, to have the judge order her to stop referring to you by first name with the child, and perhaps to ask for a custody modification. Odds are this is a case that also needs a GAL.

 

[lisagr33]

LdiJ-isn't an ex-parte used for if there is a potential harm to the child when they are with CP? Just asking.

 

[LdiJ]

LdiJ-isn't an ex-parte used for if there is a potential harm to the child when they are with CP? Just asking.

An ex-parte is for a situation where immediate action is needed....where a regular court case can't give the proper relief. In other words...a true emergency.

The child being in imminent danger could be one reason.

The mom and child will be moving out of state within a week if dad doesn't get an emergency order to prohibit that could be another.

Another reason could be something as simple as....its December 15th, mom is threatening to deny a Christmas visit, and without an ex-parte order to enforce it will be too late to get the visit.

I hope that gives you a better idea. Sometimes ex-parte orders can happen with non-emergency situations, however most judges would be likely to deny the ex-parte, and simply put the case on the regular calendar.

 

[nojusticeinohio]

just out of curiosity, what county are you in?

 

[busybee04]

No, Dad has never filed contempt charges. He felt that it would only cause more harm to child and the whole situation if he did. Since the issue of cp leaving child alone to get herself to school and to let herself in after school we haven't heard anything other than child saying she wouldn't tell us stuff anymore because she only gets in trouble.

Yes, child calls step dad dad, which was started by mom and never changed. Child also calls me mom, but that doesn't matter to any of us except mom. She says no i'm your mom and child replies well she is my mom she's my step mom. So that situation is like beating a dead horse. Leave it as it is, unless you want to waste your time trying to change something that isn't going to happen.

I see where you are coming from on the idea that this is not a true emergency, but wouldn't it have any weighing factors that mom wants relinquishment of rights and child has said i don't want to see you anymore. Dad is not sure what to do. We both are mature enough to see that if custody doesn't change and he continues with visitation every other weekend that nothing will be different and things will only get harder. Plus he'd miss work every other month to go to court for a contempt hearing.

Cp should be happy dad wants to be in the picture on a regular basis and pays his child support every month. What is so wrong with that? Oh, we are good parents, dad coaches our sons football team, is very active in our lives and we have done nothing to our knowledge to have this child want to say or act this way. Next visitation is Friday. Should dad go to get child , if she is home, and make child go with him even if it means by force or by police? I guess it can't make things any worse, right? They tried mediation with police and the next time dad has contact with them this is what he gets. What would a GAL do? Thanks for all your help!

 

[stealth2]

If Dad doesn't have an attorney - he needs one. Contempt should have been filed to build the case of denied visitation so as to bolster the case for a change in custody.

 

[busybee04]

Dad talked with Mom tonight and she told him that she wasn't letting him have child this weekend. I think it was LdiJ that said it could be for something like denial of holiday visitation. Would they consider it for something small like his weekend visitation? I don't know if I would have time to figure out the paperwork to file the motion/ petition for this weekend. Would the courts do anything if Dad called in and explained his situation?