If my child’s mother was arrested for drugs, how do I get emergency custody?

UPDATED: Oct 11, 2011

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If my child’s mother was arrested for drugs, how do I get emergency custody?

I don’t have the money for a lawyer. Can I do this on my own? What forms do I need?

Asked on October 11, 2011 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Will you qualify for legal aid?  Try them.  What you need to do is to bring an emergency motion before the court to request that you be granted temporary custody.  The emergency motion is known as an Order to Show Cause and it is said to be brought "ex parte" meaning that you ask the court for relief before you serve the other side with notice that you are requesting the relief. You need an affidavit signed and notarized indicating why you are requesting the relief.  Now in New York you can bring such a motion in Family Court.  It is unclear to me if you have the same judicial system in Ohio that allows a party to go pro se - representing themselves - in to court to apply for this type of relief  But I do think that you have a juvenile court that may allow this.  Please try and get some help.  Good luck.

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