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Lady Themis
Lady Themis, Lawyer
Category: Family Law
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Experience:  Divorce, child custody, child support, etc.
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What is an Evidenciary Affidavit to support temporary orders

Customer Question

What is an "Evidenciary Affidavit to support temporary orders"? (75N) My daughter's husband has taken their 2 children into another county here in Ohioand is trying to establish venue there. He has had the children for a week today and refuses to bring them back home or allow my daughter to get them from him. This Evidenciary Affidavit has been filed in that county.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lady Themis replied 4 years ago.

Thank you for your question.

 

This type of affidavit is required by the Ohio Rules of Court (rule 75(n)) when a party requests custodial orders before final judgment. The affidavit acts as the party's proof that the relief requested should be granted so that the court does not have to have a hearing. However, you can file a counteraffidavit and/or request an oral hearing within a certain time period. Here is the rule in its entirety:

 

(N) Allowance of spousal support, child support, and custody pendente lite.

(1) When requested in the complaint, answer, or counterclaim, or by motion served with the pleading, upon satisfactory proof by affidavit duly filed with the clerk of the court, the court or magistrate, without oral hearing and for good cause shown, may grant spousal support pendente lite to either of the parties for the party's sustenance and expenses during the suit and may make a temporary order regarding the support, maintenance, and allocation of parental rights and responsibilities for the care of children of the marriage, whether natural or adopted, during the pendency of the action for divorce, annulment, or legal separation.

(2) Counter affidavits may be filed by the other party within fourteen days from the service of the complaint, answer, counterclaim, or motion, all affidavits to be used by the court or magistrate in making a temporary spousal support order, child support order, and order allocating parental rights and responsibilities for the care of children. Upon request, in writing, after any temporary spousal support, child support, or order allocating parental rights and responsibilities for the care of children is journalized, the court shall grant the party so requesting an oral hearing within twenty-eight days to modify the temporary order. A request for oral hearing shall not suspend or delay the commencement of spousal support or other support payments previously ordered or change the allocation of parental rights and responsibilities until the order is modified by journal entry after the oral hearing.

 

 

Customer: replied 4 years ago.

This is just a temporary order, right? Does the court automatically make that part of the judgment when the case is heard? We intend to file a counter affidavit of course, but in the meantime, no one can make him give the girls back, can they?

Expert:  Lady Themis replied 4 years ago.
Yes, these would be temporary orders, not permanent. Since the parties are married, there is nothing other that can be done to force them back except to get a court order in the divorce case.
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience: Divorce, child custody, child support, etc.
Lady Themis and 9 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you very much for your help.
Expert:  Lady Themis replied 4 years ago.
You're welcome. Best of luck to you.

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