C.T.F. v. A.B.M.

Citations

• 2024 Ohio 1998

Syllabus

JUVENILE PARENTAGE AND CUSTODY COMPLAINT – WARRANT TO TAKE PHYSICAL CUSTODY OF MINOR CHILD – R.C. 3127.41 – EX PARTE TEMPORARY ORDER: In a juvenile parentage and custody matter, juvenile court committed procedural error in issuing a warrant to take physical custody of the minor child where father admittedly failed to file a petition and verified application in accordance with R.C. 3127.41 and 3127.38. However, mother could not appeal from juvenile magistrate's ex parte temporary order designating father as the temporary residential parent and legal custodian of minor child pending a full hearing and determination on father's complaint because the magistrate's temporary order is not a final appealable order and has since been superseded by final custody determination entered by the juvenile court following trial on father's complaint. Order issuing warrant to take physical custody vacated cause remanded.