Temp order
This is a discussion on Temp order within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Does a temporary custody order expire? Ohio...
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#1 |
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Guest
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Does a temporary custody order expire? Ohio
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#2 |
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it stays i place until permanent order, unless there is a specific timeframe in writing
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#3 |
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Top Level Member
Join Date: Sep 2008
Posts: 2,129
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Depends on what kind of temporary order. There is a type that expires in 28 days. IE - if the court orders a custody agreement, one party objects, the other asks for a motion to impose (don't remember if that's the right word), they then have to renew that every 28 days. But it will piss a court off if they have to see you every 28 days....so assume it doesn't expire.
If you have an attorney...you should check with him/her. |
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#4 |
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It is a custody order. I did motion to set aside. I do not have an attorney. How can I find out if it is supposed to be renewed and whether or not it has been?
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#5 |
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Top Level Member
Join Date: Sep 2008
Posts: 2,129
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This is the wording that gives the interim limitation. If this applies - you would be notified if it was renewed. It is my understanding it is very "dangerous" to hold courts and the other parent to this law. It will only upset the courts and likely result in a negative ruling against the parent wishing that the laws were followed in the Ohio court system - as they are not. I don't have the link where I pulled this from, but if you google hunks of txt with quotes around them, you may find it.
(i) Judgment. The court may enter a judgment either during the fourteen days permitted by Juv. R. 40(D)(3)(b)(i) for the filing of objections to a magistrate’s decision or after the fourteen days have expired. If the court enters a judgment during the fourteen days permitted by Juv. R. 40(D)(3)(b)(i) for the filing of objections, the timely filing of objections to the magistrate’s decision shall operate as an automatic stay of execution of the judgment until the court disposes of those objections and vacates, modifies, or adheres to the judgment previously entered. (ii) Interim order. The court may enter an interim order on the basis of a magistrate’s decision without waiting for or ruling on timely objections by the parties where immediate relief is justified. The timely filing of objections does not stay the execution of an interim order, but an interim order shall not extend more than twenty-eight days from the date of entry, subject to extension by the court in increments of twenty-eight additional days for good cause shown. |
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#6 |
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Gbyte,
Thank you for the info. Would you please see thread titled "??" posted today. Thank you in advance. |
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| Thread | Thread Starter | Forum | Replies | Last Post |
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