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Third Party Custody

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cwats

Guest
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.
Sorry but completely agree with the guy that said you don't need to file for ex parte emergency custody....trust me you WON'T get it because you HAVE to be able to show the judge the child is in eminent and immediate danger....I filed for exparte custody after my daughter's bf violently beat her up with the child present and the judge actually said well how is the child in immediate danger...I said windows were broken etc etc and he said he didn't see the child being in immediate danger and made us wait for the trial....so ya that seasoned attorney is DEAD wrong about the emergency custody for school. LOL
 
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cwats

Guest
You still a child support application. I will look for forms for Washington County but ignore LDIJ. She has no clue.
What in God's name would you say LDIJ was wrong....you have to be able to show the judge the child is in immediate danger for emergency custody as in he could DIE and I don't think not being able to start Kindergarten will kill him. Trust me...my attorney tried after my daughter's ex bf violently beat her over four days while the child was present.
 

Ohiogal

Queen Bee
What in God's name would you say LDIJ was wrong....you have to be able to show the judge the child is in immediate danger for emergency custody as in he could DIE and I don't think not being able to start Kindergarten will kill him. Trust me...my attorney tried after my daughter's ex bf violently beat her over four days while the child was presenting.
LD is biased completely to the mother and never looks at the law. Maybe you need to comprehend the forum before you decide to question me.

Furthermore I am an attorney in Ohio. Are you? I know LD isn't. I have done many of these hearings.
 

Just Blue

Senior Member
Sorry but completely agree with the guy that said you don't need to file for ex parte emergency custody....trust me you WON'T get it because you HAVE to be able to show the judge the child is in eminent and immediate danger....I filed for exparte custody after my daughter's bf violently beat her up with the child present and the judge actually said well how is the child in immediate danger...I said windows were broken etc etc and he said he didn't see the child being in immediate danger and made us wait for the trial....so ya that seasoned attorney is DEAD wrong about the emergency custody for school. LOL
OhioGAL is an attorney/GAL in Ohio. SHE does this EVERY DAY.
 

t74

Member
OP, Have you looked for sliding scale legal assistance if you cannot afford an attorney? Even if you solve the immediate problem, IMO, you need access to a professional practicing children's issues in your county's courts whom you can call upon.
 

Just Blue

Senior Member
OP, Have you looked for sliding scale legal assistance if you cannot afford an attorney? Even if you solve the immediate problem, IMO, you need access to a professional practicing children's issues in your county's courts whom you can call upon.
As already noted OG advised OP.
 

Ohiogal

Queen Bee
CWATS:
Are you legally advising that person on this forum that he needs an emergency ex parte motion before an Ohio Court to enroll his nephew in kindergarten? Because if you are you are the Iduot not me and I don’t appreciate being called an idiot wen I know for a fact that’s bad advice and he will lose. I’m deactivating my acct as your advice is dead wrong and you’re making him give his hard earned money to your colleagues. Wow

Emergency motion is a motion that is presented in court without the normal requisite five business days notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm.
An emergency motion is necessary in order for OP to get permission PRIOR to school starting and before a full hearing on custody can be heard. Who said it would be ex parte? If you knew anything about courts in Ohio, you would know that even if they did ex parte emergency custody, there would be a hearing the next day in order to protect everyone's rights. Irreparable harm is a child being unable to go to school and not beginning his education on time or risking losing several weeks -- which means OP's nephew would NOT proceed to first grade next year. In some counties the first hearing on a custody motion (without emergency custody being filed) could be six weeks away. And where did I say OP needed an attorney? Oh yeah... I didn't say OP needed counsel. In fact I gave OP information about exactly what forms and the county clerk's office. Your daughter if not married to the child's father already had custody unless there were court orders saying otherwise. Or were you trying to get custody? Because quite frankly I see the errors in your situation easily.
 

LdiJ

Senior Member
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.
As you are already aware, I do not see that poster's posts so therefore I am not aware of what she says to anyone.
 
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