If you want custody of your child, you need to file an action in the state of Ohio.If you and the other parent are not married to one another, and you want to establish a parental relationship with the child, you can ask for custody during a divorce or separation proceeding.If the child is in danger of living with the other parent you can request temporary custody.
Step 1: A plan for parenting.
In a divorce or separation, child custody is a big issue.The court won't have to hold a hearing or trial if both parties agree to a parenting plan.Talk to the other parent about scheduling.Take into account both the parent and child's work and school schedules.If you work during times when your child is home from school, let the other parent have the child.Who will have physical custody?The child primarily lives with the parent who has physical custody.The other parent has the right to visit the child.Who will get legal custody?The right to make decisions about the child's health care, education, and religious upbringing is held by a parent with legal custody.Even if one parent has physical custody, both parents can share legal custody.
Step 2: Talk to a person who is willing to work with you.
If you and the other parent are having trouble reaching a parenting agreement, talk to a third party who can act as a neutral negotiator.A court-sponsored mediation program can help parents build a parenting plan.Do you know if your county has a mediation program or how to schedule it?If you call the clerk, he or she may be able to refer you to mediation information on the court's website.If you visit the clerk in person, he or she may give you a pamphlet with the information.
Step 3: You have to complete a parenting plan form.
There are blank parenting plan forms at supremecourt.ohio.gov.Write down the details of your parenting agreement on the form.You will be prompted to enter holiday and vacation schedules.It is possible to arrange for other special events.You can complete the forms in either blue or black ink.Attach additional pages if necessary after following the instructions.If you can't agree on the details of your parenting plan, talk to a mediator.You will need to ask the judge to make a custody determination if you can't come to an agreement.The judge will listen to both sides and make a decision that is in the best interests of the child.
Step 4: You must file your forms.
Take your forms to the court clerk.The original document for the court's file will be kept by the clerk.The agreement will be reviewed by the judge.If there are no problems, the judge should sign the bottom of the form and make the agreement a court order.The agreement requires both parents to follow it.Along with your divorce/dissolution paperwork, you should submit your parenting plan.There is a filing fee for a divorce in Ohio.You can apply for a fee waiver if you can't afford the fee.Detailed information about your income and expenses will be required before you can be granted a Waiver.
Step 5: Complete the form for "Complaint for Parentage, Allocation of Parental Rights and Responsibilities (Custody), Parenting Time (Companionship and Visitation)"
The form can be found at supremecourt.ohio.gov.You can request a parenting plan and child support obligation from the court by filling out this form.If you want the court to determine if you are the child's biological father, you can request genetic testing.
Step 6: You must fill out a parenting affidavit.
The form can be found at supremecourt.ohio.gov.The names and addresses of the parties and the child can be entered.You can check to see if you want the information to be kept confidential.
Step 7: Complete the "Affidavit of Income and Expenses" form.
The form can be found at supremecourt.ohio.gov.Write down your household expenses and how much money you make.When you make a determination of how much you will owe in child support, the court will review the information you give.
Step 8: Your affidavits should be signed by someone.
Before you sign your affidavits, you should visit a notary public.If you signed the document in the presence of the Notary, he or she will notarize it.Bring a valid form of identification, such as a driver's license or passport, to verify your identity.If you are a bank customer, most banks don't charge a fee for notary services.If you don't have a bank account, you can use the bank's service for a small fee.
Step 9: You can file the forms with the court.
Take your forms to the court clerk.The copies will be returned to you by the clerk.The clerk will give you a hearing date later.The filing fee for a custody action is between $115.00 and $192.00.You can apply for a fee waiver if you can't afford the fee.
Step 10: The other parent should be served.
The "Request For Service" form can be found at supremecourt.ohio.gov.The court clerk will serve the other party according to the method you indicated on the form.To have the sheriff's department serve the other party, you can instruct the clerk to mail it.
Step 11: Attend the hearing.
The judge will ask you questions at the hearing about the forms you submitted.There is a chance that the other parent will object to you having custody.Counter arguments can be made.If you disagree with something the other parent says, don't address him or her directly.Wait for the other parent to finish speaking, then tell the judge your side of the story.
Step 12: Use the "Verified Motion for Temporary Orders Ex Parte" form to fill it out.
If you believe your child is in danger in the care of the other parent and you cannot wait for a permanent custody order to proceed through the court system, you can use this form to get temporary custody quickly.An emergency custody order can be used to explain a dangerous situation.Even if the other parent doesn't attend, the judge can still make a decision about your request.There are situations that may warrant an emergency custody order, such as threats by the other parent to harm or kidnap the child, indications of child abuse, or illegal drug use.
Step 13: Have your motion signed by a lawyer.
The motion should be signed in the presence of a public official.If you signed the document in the presence of the Notary, he or she will notarize it.Bring a valid form of identification, such as a driver's license or passport, to verify your identity.
Step 14: A "Judgment Entry" form is required.
You have the option to leave this form blank.The judge will fill out the court's orders, including whether you have custody of the child, how long the order will last, and whether the other parent is restricted from visiting or having other kinds of contact.
Step 15: You can file the forms with your court.
Take your forms to the court clerk.The copies will be returned to you by the clerk.A hearing date will be given to you by the clerk.You may have to pay a fee.Ask the court clerk how you can access the fee schedule.If you can't pay the fee, ask the clerk how to apply for a fee waiver.
Step 16: Go to the hearing.
When you return to court for the hearing, the judge will ask you questions about the information you provided in your motion before he or she grants your request.The child's other parent can deny or explain your allegations.It would be in the child's best interests to be taken from the other parent and placed in your care if you brought any evidence and witnesses.The child can testify at the hearing.A child's competency to testify depends on their age.Children younger than 10 can testify, but they must be found by the court to be able to comprehend questions.
Step 17: The other parent needs to be served.
The "Request For Service" form can be found at supremecourt.ohio.gov.The court clerk will serve the other party according to the method you indicated on the form.To have the sheriff's department serve the other party, you can instruct the clerk to mail it.