Ohio's Temporary Child Custody Laws

By Natalie Saar

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In Ohio, a child is placed into temporary custody based on what is deemed best for him or her. Sometimes, a parent cares for the child; in other instances, the state becomes the child's caretaker. This latter scenario is the case when there is an abusive home situation or when the legal guardian can no longer care for the child.

Interim Guardianship

Interim guardianship is one form of temporary custodianship. The court places the child in an interim guardianship when the parent cannot be available for him or her. For example: A child is being cared for by a single mother. She has been admitted to the hospital and will be there indefinitely. The court can decide to award temporary custody to a grandparent or another person who is able to care for the child.

Public Agencies

In abusive situations, a child will typically be placed into the temporary custody of a children's protective service agency, which will then work to place the child in a foster home or even an adoption agency. This will depend on the child, the circumstance involving the abuse and the availability of parents.

Age of Majority

At 16, a child is permitted to decide with whom he or she wants to live. This decision may possibly overturn the court's original temporary custody ruling. However, the caveat is that he or she must be enrolled in a school and pursuing completion of a high school diploma.

End of Temporary Custody

A year after the child is placed in temporary custody, regardless of where or with whom he or she is living, there may be another hearing to decide if the custody will still be temporary or if a suitable permanent guardian has been found. A temporary custody order in Ohio may remain in effect for no more than two years.