I live in Ohio and my ex lives in Florida. She recently was arrested on 9/22/11 and will be in jail until 10/21/11. What I need to know is if I would be able to get temporary custody of my 2 children, ages 11 and 9 who are staying with their grandmother. Tuscarawas county in Ohio has jurisdiction over their custody.

If it has been awhile since your case originated or there has been a major change then you can appply to have custody changed by the courts. Now would be a good time to file as the arrest is fresh on the record.

Does the grandmother have guardianship of the children or are they just staying with her until the mother gets out of jail. Her being gone only one month is not long enough to have a judge hear your case or make a determination to change custody to you.

Is the grandmother willing to let you take the children and live with you in Florida until the mother gets out of jail?

If the children are of school age then it is highly unlikely the court will order them moved during the school year for a month. As noted, you may not even get a hearing in time.

However, if the reason for the incarceration indicates a danger to the children, then you can apply for a modification of the custody order.