Ohio Revised Code

Ohio Rev. Code § 3109.043 (2026)

Temporary custody order while action pending

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

In any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, 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, without oral hearing and for good cause shown, may make a temporary order regarding the allocation of parental rights and responsibilities for the care of the child while the action is pending.

If a parent and child relationship has not already been established pursuant to section 3111.02 of the Revised Code, the court may take into consideration when determining whether to award parenting time, visitation rights, or temporary custody to a putative father that the putative father is named on the birth record of the child, the child has the putative father's surname, or a clear pattern of a parent and child relationship between the child and the putative father exists.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2012–2023 · leading case: Thomasson v. Thomasson (Slip Opinion), 2018-Ohio-2417, 106 N.E.3d 1239.
Sort: Relevance Newest Treatment
Thomasson v. Thomasson (Slip Opinion), 2018-Ohio-2417, 106 N.E.3d 1239. · cites it 4× “18(B) (temporary spousal support); R.C. 3109.043 and 3109.04(A) (temporary allocation of parental rights and responsibilities until final award).”
Saylor v. Lewis, 2020-Ohio-3647. “This was the same rationale followed by the trial court. {¶18} Temporary orders allocating parental rights and responsibilities are common predivorce decree.”
Ho v. Co, 2023-Ohio-3698. “In fact, in stark opposition to her argument, pursuant to R.C. 3109.043, “In any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, * * * the court, without oral hearing and for good cause shown, may make a temporary order…”
Vizzo v. Morris, 2012-Ohio-2141. · cites it 2× “ORC Section 3109.043 specifically states that the Court, upon a motion and affidavit, may provide temporary orders as to custody and companionship.”
Ho v. Carlos Chua Co., 2023-Ohio-2969. “In fact, in stark opposition to her argument, pursuant to R.C. 3109.043, “In any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, * * * the court, without oral hearing and for good cause shown, may make a temporary order…”
B.R.K. v. Goldberg, 2022-Ohio-1243. “In the instant case, the domestic relations court and the respondent judge have the jurisdiction to issue temporary orders allocating parental rights and responsibilities pursuant to R.C. 3109.043. The respondent judge and the domestic relations court further have the…”
Loewen v. Newsome, 2014-Ohio-5786. · cites it 2× “R.C. 3109.043 provides that [i]n any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, when requested in the complaint, answer, or counterclaim, or by motion served with the pleading, upon satisfactory proof by affidavit…”
Bromberg v. Carter, 2016-Ohio-2966. “Fairfield County Common Pleas Court, Domestic Relations Division, Local Rule 8.”
State v. Akers, 2016-Ohio-1373, 72 N.E.3d 135. “04(A)(1)), and the allowance of temporary orders allocating parental rights and responsibilities while a paternity action is pending (see R.C. 3109.043). In addition, R.C. 3109.12(A) states in pertinent part that if a child is born to an unmarried woman, the father “may file a…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.