Legal Question in Family Law in Ohio

emergency custody due to Parent in Jail

While in the process for a divorce, parent A had custody of the child until custody hearing could be done. Parent B is military stationed in a different state, but still a legal resident of Ohio. Parent A got put in jail and her parents took the child. Parent B wants temporary custody of the child while Parent A is in jail and until custody can be determined. Parent A's Parents will not let Parent B take the child. Parent A will be in jail for at least 105days for inpatient treatment for drug addiction. Parent B got a lawyer and the lawyer said since the child was born 2wks before they got married and he lives in a different state (TN) that it would take a long time to get the child. How can grandparents of a child refuse to give a child to his parent? How long does emergency custody actually take?


Asked on 7/04/07, 5:58 pm

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: emergency custody due to Parent in Jail

I will need additional information before I can answer the question. I suggest you call and discuss this with me. I could give you a lot of information based on speculation but the quickest way for you to get an answer is to talk to an attorney directly.

Good Luck to you!

DHD

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Answered on 7/15/07, 12:02 pm
Edward DiCato Edward DiCato Attorney at Law

Re: emergency custody due to Parent in Jail

I don't think th GP's have custody. In these situations, the Child Srevices Agency in the County where the child resides takes custody and places the child with whoever they determine is appropriate. You need to get in touch with that agency if you wish to be considered for placement.

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Answered on 7/05/07, 7:33 am


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