Legal Question in Family Law in Ohio

Ex parte Motion for parenting time

I filed to Establish a Parent/Child relationship about 6 weeks ago and have tried with both the defendant and her attorney to secure parenting time with our child, to no avail. I have found conflicting evidence as to whether or not I can file an ex parte motion for parenting time ''until further proceedings are completed in the case''? I have read in one place that there must be an emergency type of situation either directly affecting the child or to the residential parent to file an ex parte motion concerning a child. On the other hand, after review of the Summit County Domestic Court records available to the public, I see cases where mostly they file this type of thing for ''visitation for christmas'' and they can't get a court date beforehand. I have no emergency per say, as our child and her mother are ok, but in the last 2 months, I have seen our child a mere 2 1/2 hours, which was about a month ago. I have my initial hearing in just over 3 weeks from now... do I have to wait until then for relief or no???

Asked on 3/17/09, 11:05 pm

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Ex parte Motion for parenting time

If you are seeking a temporary visitation order, I think that by the time you file it and get a response, it will come close to your hearing date. The court may decide to combine both motions. You can try filing, now, however, and the court will determine the hearing dates.

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Answered on 3/18/09, 1:23 pm

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