Can a Court Make Temporary Orders in Custody?
The court can issue temporary orders for parental rights and responsibilities if requested in the complaint, answer, counterclaim, or by motion served with the pleading. These temporary orders are based on affidavits and do not require an oral hearing, but there must be a good reason to issue them.
The court may grant parenting time, visitation rights, or temporary custody to a putative father (a man believed to be the father), especially if his name is on the child's birth record, the child has his last name, or there is a clear parent-child relationship.
Can I oppose the temporary order?
According to Civil Rule 75(N)(2), the other parent can oppose the temporary order by filing counter-affidavits within 14 days of being served the complaint, answer, counterclaim, or motion. Once the temporary order is recorded, either parent can request an oral hearing within 28 days to change the order. However, the temporary order remains in effect until it is modified after the hearing.
In the case Page v. Geauga County Probate & Juvenile Court, the Ohio Supreme Court rejected a mother's legal requests to force the court to act on her custody case. In November 2020, the court issued a temporary custody order denying her custody, but the hearing to review this order was delayed several times. The mother's request for a writ of mandamus, a legal order to compel the court to take action, was dismissed because she didn't title her complaint correctly, as required by law.
Her procedendo claims, another type of legal request to force a court to act, were also dismissed. This was because the court itself can't be sued directly, and two of the judges named in the case weren't assigned to it. The judge who was assigned had already scheduled a hearing. The Ohio Supreme Court noted that while the case had been delayed for a long time, no more delays were expected. If the mother had properly titled her request and no hearing had been scheduled, the court might have ruled in her favor.
Courts can issue temporary orders regarding custody and parental rights when certain conditions are met, such as a request made through a complaint or motion. While these orders are designed to protect the child's well-being in the short term, they can be opposed by the other parent through legal channels.
Following proper procedures when challenging or requesting action on temporary custody orders is essential, as demonstrated in the Page v. Geauga County Probate & Juvenile Court case. Timely responses and accurate filing of complaints are critical, as delays and procedural errors can affect the outcome of the case.
