Legal Question in Family Law in Ohio
(Unmarried) Parent/Child Relationship
I have a parentage case in Summit County Domestic Court and there is an ''initial hearing'' set for later in the month. I have motions for change of custody and visitation rights. My ultimate goals are to get to see my child during the process and to get a shared parenting plan approved by the court. Would someone please tell me what an initial hearing is? Can temporary orders (for example: visitation) be orally requested at this hearing for visitation or do such things have to be filed with the clerks in paper form to be considered? There just doesn't seem to be any information out there explaining this initial hearing step in the process on the internet. I am sure the defense will be prepared, as they are represented by an attorney. I am the plaintiff-father (pro se) and I would like to know more of what i'm getting into.
Thank you! :)
2 Answers from Attorneys
Re: (Unmarried) Parent/Child Relationship
Motions of this nature are made in writing. An initial hearing establishes the given positions of the parties. If these are your motions especially, the burden of proof is with you. I recommend that you consult with an attorney.
Re: (Unmarried) Parent/Child Relationship
The best advice I can give,and I honestly mean this, is to get an attorney. A parenting proceeding can be a very complicated matter and I am not just refering to what needs to be filed and when. There are several issues, guided by the R.C. or case law, that need to be understood. An attorney will also know what rules apply to the case and there are many different sets of rules which may apply.
Besides that remeber the old saw " a person who acts as his own attorney has a fool for a client...". When I got my divorce I hired another lawyer even though it was in my home Court (which is also Summit). The reason is you are to close to the case and will tend to make decisions on emotion rather than reason and logic. I wish you the best. Edward DiCato
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