Custody Modification Motion Guide

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Summary

If you want to modify a previous custody order and request temporary custody, you need to file two motions: a Motion to Modify and a Motion for Temporary Custody under Ohio Juvenile Rule 13. You can file the Motion for Temporary Custody first and the Motion to Modify later. Indicating your future intention to file a Motion to Modify in your Motion for Temporary Custody can be helpful. If your DSS case is not in Cuyahoga County, you can check the box and insert the correct DSS information on the lines provided. Striking out and handwriting might not be the best practice; its better to leave Cuyahoga County and add the correct county information in the lines provided. Consult with a local attorney or court clerk for specific guidance.

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So l have to file two motions essentially if I want to file the Motion for Temporary Custody pursuant to Ohio Juvenile Rule *
Yes, if you want to modify a previous custody order and also request temporary custody, you would need to file two motions: a 'Motion to Modify' and a 'Motion for Temporary Custody' under Ohio Juvenile Rule *.
Is it mandatory to due both at the same time if I essentially need more time to get the Motion to Modify together?
No, it's not mandatory to file both at the same time. You can file the Motion for Temporary Custody first, and then file the Motion to Modify when you're ready.
According to the above from their website, are you sure I can file Motion for Temporary Custody' following Ohio Juvenile Rule *, only without the Motion to Modify alongside it?
Yes, you can file a 'Motion for Temporary Custody' without filing a 'Motion to Modify' simultaneously. However, if you wish to change a previous custody order, you'll eventually need to file the 'Motion to Modify'.
Ok should I put that in my Motion for Temporary Custody that I plan to file the Motion to Modify' at a later date
Yes, indicating your future intention to file a 'Motion to Modify' in your 'Motion for Temporary Custody' can be helpful. It notifies the court about your plans and can potentially streamline the process when you file the 'Motion to Modify'.
Thanks
You're welcome! If you have any more questions regarding your situation or need further clarification, feel free to ask. Good luck with your motions.
Can you explain how to fill this out if the DSS case is not in Cuyahoga county: The affiant further states that the Cuyahoga County Division of Children and Family Services has conducted or is conducting an investigation and the results of the investigation are:
To fill this out, replace "Cuyahoga County Division" with the name of the DSS division in your county. Describe the investigation conducted or ongoing and its results. If an investigation hasn't been conducted, state that. Could you confirm your county?
I can’t replace it because it is a form
In that case, you can mention the details of your county's DSS investigation in the 'additional information' or 'comments' section, if available. If not, you may need to consult with a local attorney or the court clerk for guidance on how to handle this.
Can I still check the box and then put the correct DSS info on the lines even though it stay Cuyahoga
Yes, you can check the box and put the appropriate DSS information below, even if it says Cuyahoga. Make sure to clearly indicate the correct county for your DSS case.
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I'm glad I could help! If you have any more questions or need further assistance, don't hesitate to ask. Good luck with your process!
Could I strike out Cuyahoga County with a one and hand write the correct county or just leave it but insert the correct information on the line
Striking out and handwriting might not be the best practice and could cause confusion. It's better to leave "Cuyahoga county" and add correct county information in the lines provided. However, rules might vary. Could you confirm your location so I can provide more accurate information?
Thanks!
You're welcome! If you have any further questions or need assistance with anything else, please don't hesitate to ask. Best of luck with your legal proceedings!