How to file for temporary custody in ohio
How to Get an Emergency Temporary Custody Order
Timecodes:
hi it's Wendy Hernandez attorney and
creator of command the courtroom in this
week's video I want to talk with you
about changing custody and/or parenting
time orders on an emergency basis so I
wanted to raise this topic because a
couple of weeks ago I was sitting in a
court that handles restraining orders I
was there with my client waiting for my
hearing to be called
and I was watching all of the people
ahead of me talking to the judge about
why they should be granted orders of
protection also known as restraining
orders so in one particular case a woman
was begging the judge to issue a
restraining order that included her
children on it because the woman's acts
had just been arrested for driving while
impaired while the children were in the
car
so in Arizona that's considered a felony
offense it's a very serious offense well
the judge in the courtroom declined to
issue a restraining order with the kids
on it which would have prohibited the ex
from having parenting time with the
children because the judge felt as
though the woman should have been going
back to the family court judge who
issued the orders on custody and
parenting time and talking to that judge
about whether an emergency existed now
obviously this was very upsetting to the
woman she was distraught it's a lot
easier at least in Arizona to get a
restraining order very quickly as
opposed to going to a family court and
filing a motion and then waiting months
for a judge to make a decision but
depending on your state I'm willing to
bet that there is some provision in your
state laws that provides for emergencies
an emergency is something that could
cause irreparable harm to your child or
children and the definition again the
definition may be vary depending on your
state or country so you have to resource
those statutes but if your children are
in a position where they are at risk of
harm or deaths abuse or neglect well
certainly that's an emergency and the
proper thing to do is file an emergency
petition with your court if the judge
did
Herrmann's that an emergency truly
exists then a judge will probably be
able to give you relief much more
quickly than the judge would give you on
a normal case where emergencies don't
exist and keep in mind that even
sometimes when a judge grants emergency
relief that relief is only temporary so
the judge may grant a temporary order
like in the case of this woman she'd
gone to her judge and explained to the
judge what happened in an emergency
petition and the judge said yes I think
there's an emergency the judge may have
put an order in effect that the ex-nazi
the children until a full hearing was
held on the issue but until the judge
had the opportunity to hear from the ex
so a judge will treat emergencies more
quickly but the emergency order may not
be the final order just keep that in
mind another thing is is if there is an
emergency in your case and it's the type
of emergency where police need to be
called then call the police if you need
to call the ambulance call the ambulance
if you need to call the Department of
Child Safety or the Child Protective
Protective Services Department in your
area call them because if your children
are being placed at risk of harm by the
other parents if they've been abused or
something's going on that's really
serious and they're being neglected
they're not being fed they living
outdoors they don't have a home you need
to report that your failure to report
that could resolve and Child Protective
Services or the Department of Child
Services bringing charges against you
for not protecting your children in
these cases
be really careful about what you think
is an emergency and and what's not an
emergency because I have a lot of people
who come to me and they say this is
what's going on
I want emergency relief and I tell them
you know it's not really an emergency
you have to be serious your child has to
be at risk of irreparable harm check
your state statues though for the
standards in your location because they
might be different than the standards
that I'm telling you they may be more
like they may be more lakhs
they may be more serious standards and
if you're able talk to somebody in your
area pay for an attorneys time for 30
minutes to talk about what the
requirements are but if an emergency
exists of course take action just take
the right steps jump through the right
hoops don't try to go around the system
or find a loophole because chances are
the other party is not going to take too
kindly to it and probably the judge
judge won't either so remember to go
over to command the courtroom comm check
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until next week to command the courtroom
[Music]
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