Third Party Custody

[JABJK]

What is the name of your state? OH

I'm filing for custody of my nephew. I have the papers but I was wondering if I am supposed to put both parents on the same papers as the defendant or do I have to file separate papers for each parent?

 

[adjusterjack]

It's a single case so you would show both parents as defendants (respondents is the correct word I think) but serve each one separately.

Best to use a professional process server so nothing slips through the cracks.

 

[TigerD]

Filing a third party custody action is not typically something a pro se person is going to be successful at. Are the parents in agreement?

 

[JABJK]

Filing a third party custody action is not typically something a pro se person is going to be successful at. Are the parents in agre

I've done it before so thankfully have a little experience with it but last time it wasn't agreed. This time it's a relative and Mom is in agreement. I've never met dad but he doesn't want anything to do with him or for anyone to even know he exists so I'm hoping he won't fight it. Little guy is 5 and I've had him since he was 2 weeks old. He's starting Kindergarten in the Fall so I need to be able to enroll him.

 

[Ohiogal]

You need more than just a complaint for custody. You also need a motion for emergency custody and a UCCJEA parenting affidavit and a child support application.

 

[JABJK]

You need more than just a complaint for custody. You also need a motion for emergency custody and a UCCJEA parenting affidavit and a child support application.

You need more than just a complaint for custody. You also need a motion for emergency custody and a UCCJEA parenting affidavit and a child support application.

Do you know where I can find a template for emergency custody? We've already got a child support order and I've got the parenting affidavit.

 

[LdiJ]

Do you know where I can find a template for emergency custody? We've already got a child support order and I've got the parenting affidavit.

To be honest, I do not understand why the other poster suggested that you need to file for emergency custody. If the child has been in your care since he is 2 weeks old and he is 5 now and still in your care, I do not think that the judge could consider you to have an emergency. I realize that you need to enroll him in school and that might be considered an emergency, but even then, we are talking about Kindergarten and if you really push things with the school district you might be able to get him enrolled anyway. Particularly if you show them that you have a custody case in the works.

 

[Zigner]

A practicing family law attorney in the poster's state gave the OP advice, and you want to advise the OP differently without even asking why the advice was given in the first place? That's baffling.

To be honest, I do not understand why the other poster suggested that you need to file for emergency custody. If the child has been in your care since he is 2 weeks old and he is 5 now and still in your care, I do not think that the judge could consider you to have an emergency. I realize that you need to enroll him in school and that might be considered an emergency, but even then, we are talking about Kindergarten and if you really push things with the school district you might be able to get him enrolled anyway. Particularly if you show them that you have a custody case in the works.

 

[Zigner]

You need more than just a complaint for custody. You also need a motion for emergency custody and a UCCJEA parenting affidavit and a child support application.

Would you be able to elaborate on the need for a motion for emergency custody?

 

[Ohiogal]

Emergency custody would give OP the right to make decisions PRIOR to an actual ruling. If OP does not file for emergency custody then she has no right to make decisions (without an emergency custody decision) prior to the custody decision which PER THE OHIO SUPREME COURT can take up to nine months. At some point she will need a child support application whether she wants it or not because it has been determined that child support needs to be decided. And UCCJEA is necessary (the parenting affidavit) per the Supreme Court. I really wish ignorant people would shut up or educate themselves before saying anything.

 

[Ohiogal]

Do you know where I can find a template for emergency custody? We've already got a child support order and I've got the parenting affidavit.

In what county are you located?

 

[Zigner]

Thank you, Ohiogal.

 

[JABJK]

In what county are you located?

I'm in Washington County. Mom and Dad both pay child support already. Well, Dad doesn't actually pay but he's ordered to.

 

[Ohiogal]

You still a child support application. I will look for forms for Washington County but ignore LDIJ. She has no clue.