Emergency Custody & Temporary Orders in Adams County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Adams County, Ohio · West Union

Adams County handles "emergency" requests differently than many counties. The Juvenile Court states that motions for emergency custody hearings will generally NOT be granted — if you are worried about a child's safety, the court directs you to the Adams County Children Services Board at (937) 544-2511, or to call 911 for immediate danger. Inside a pending divorce, however, a parent can ask for temporary parenting and support orders by filing SC Affidavit 5. And in the narrow situation where both biological parents have died, the Juvenile Court does provide an ex parte temporary-custody path (AC-310).

Can I get emergency custody in Adams County, Ohio?

Usually not through a quick Juvenile motion — Adams County Juvenile Court states that emergency custody hearings will generally not be granted. For a child-safety emergency, contact the Adams County Children Services Board at (937) 544-2511 or call 911. In a pending divorce, you can ask for temporary parenting time and support by filing SC Affidavit 5 (Motion and Affidavit for Temporary Orders). If both biological parents are deceased, a third party can seek ex parte temporary custody in the Juvenile Court using AC-308, AC-309, and AC-310 with the AC-007 background search and a certified birth certificate. The court generally will not issue parenting-time or support orders in an ex parte domestic-violence order.

Ohio Custody by the Numbers

Best interest The single standard that governs every Ohio custody decision Source: Ohio Revised Code § 3109.04
No set age There is no age a child can choose a parent — the judge weighs a mature child's wishes Source: Ohio Revised Code § 3109.04(B)
Change in circumstances Required, plus a best-interest finding, before the residential parent can be changed Source: Ohio Revised Code § 3109.04(E)(1)
Shared parenting Either parent may ask the court for a joint parenting plan Source: Ohio Revised Code § 3109.04(G)

Compare Types of Custody in Ohio

Custody type	Who makes major decisions	Where the child lives	Best when
Shared parenting	Both parents jointly, under a written plan	Time is split per the plan (not always 50/50)	Parents can communicate and cooperate on decisions
Sole legal & residential	One parent	Primarily with that parent	One parent is unable or unwilling to co-parent
Split custody	Each parent for the child in their care	Siblings are divided between the two homes	Rare — only when it serves each child's best interest
Legal custody to a non-parent	The relative or caregiver granted custody	With the non-parent caregiver	Neither parent can safely care for the child

Where to File: Adams County Court of Common Pleas — Domestic Relations Division

110 West Main Street, West Union, OH 45693, West Union, OH 45693
Phone: (937) 544-2921
Hours: Monday–Friday 8:00 AM – 4:00 PM (closed legal holidays)
Website: www.adamscountycourts.com/

Juvenile Branch (Never-Married Parents)

Adams County Juvenile Court
110 West Main Street, West Union, OH 45693, West Union, OH 45693
Phone: (937) 544-2921
Hours: Monday–Friday 8:00 AM – 4:00 PM (closed legal holidays)

Emergency Custody & Temporary Orders is the right path if…

You have an urgent concern about a child's safety or living situation in Adams County.
You want temporary parenting time or support while a divorce is pending.
You understand Adams County Juvenile Court generally will not grant emergency custody hearings.
You may be caring for a child whose biological parents have both died.

Filing Fees

Temporary orders in a pending divorce: no separate fee · parents-deceased Juvenile custody: lower Juvenile schedule · child-safety emergencies go through Adams County Children Services (937) 544-2511, not a court fee — confirm amounts with the Clerk.

Forms & Filing Packets

Temporary orders during a pending divorce — No separate fee — filed within the pending divorce case

A party in a pending Domestic Relations case can seek temporary parenting and support orders by filing SC Affidavit 5. It is not required, but should be filed when you want orders in place during the case. A hearing may be required.

Motion/Affidavit for Temporary Orders (SC Affidavit 5) — Asks the court for temporary support, parenting time, or exclusive use of the home while a divorce is pending. A hearing may be required.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.

Immediate child-safety concern

Adams County Juvenile Court generally will not grant emergency custody hearings. For a child's safety, contact the Adams County Children Services Board at (937) 544-2511, and call 911 for immediate danger. Children Services investigates and can take protective action.

Ex parte temporary custody when both parents are deceased — Juvenile schedule — confirm with the Clerk

When both biological parents have died, a private third party can file in the Juvenile Court for ex parte temporary custody — a separate case per child.

Notice of Appearance (AC-001) — Filed by attorneys and any unrepresented spouse/party to enter the case. Required on every Adams County family-law filing.
Waiver of Counsel (AC-002) — Signed by any unrepresented party, acknowledging they are proceeding without an attorney.
Authorization for Background Search (AC-007) — Required for each household resident over 18 in a Juvenile parentage/custody case. Paired with Sheriff-run FBI and Ohio BCI background checks submitted to the court.
Certified copy of the child's birth certificate — Required in a Juvenile parentage/custody case. The court copies and returns the original.
Complaint / Motion for Legal Custody — Both Parents Deceased (AC-308) — Filed by a private third party seeking authority over a child whose biological parents have both died. A separate case per child in the Juvenile Court.
Affidavit for Custody — Parents Deceased (AC-309) — The supporting affidavit filed with the AC-308 custody complaint when both biological parents are deceased.
Motion for Temporary Custody (Ex Parte) — Parents Deceased (AC-310) — Asks the Juvenile Court for temporary custody on an ex parte basis when both biological parents are deceased, pending a full hearing.
Praecipe (Request) for Service (AC-005) — Tells the Clerk how to serve the other party (certified mail, Sheriff, or publication). Required when service is needed.

How to File Emergency Custody & Temporary Orders in Adams County

Assess the urgency. If a child is in immediate danger, call 911; for safety concerns, contact Adams County Children Services at (937) 544-2511 rather than expecting an emergency Juvenile hearing.
Use temporary orders in a pending divorce. If a divorce is pending, file SC Affidavit 5 to ask for temporary parenting time and support; attach a current Ohio child-support worksheet.
Check the parents-deceased path. If both biological parents have died, you can seek ex parte temporary custody in the Juvenile Court using AC-308, AC-309, and AC-310.
Gather the supporting documents. For the parents-deceased path, complete the AC-007 background search with FBI and Ohio BCI checks for each household member over 18 and obtain a certified birth certificate.
File and serve. File in the correct case and division, pay the applicable deposit, and use AC-005 to serve the other parties.

Adams County Practice Notes

Juvenile emergency custody is generally not granted. Adams County Juvenile Court states that motions for emergency custody hearings will generally NOT be granted. If you are concerned for a minor child's safety, contact the Adams County Children Services Board at (937) 544-2511; for immediate danger, call 911.
Temporary orders are the divorce-case tool. Inside a pending divorce, SC Affidavit 5 (Motion and Affidavit for Temporary Orders) lets a party request parenting time and support while the case is pending. It is optional, but should be filed if you want orders in place; a hearing may be required.
The parents-deceased ex parte path is narrow. The Juvenile Court provides AC-310 (Motion for Temporary Custody, Ex Parte) only for the specific situation where both biological parents are deceased, filed with AC-308, AC-309, the AC-007 background search, and a certified birth certificate.

Frequently Asked Questions

Can I get emergency custody quickly in Adams County?: Generally no. Adams County Juvenile Court states that motions for emergency custody hearings will generally not be granted. If you are concerned for a child's safety, contact the Adams County Children Services Board at (937) 544-2511, and call 911 for immediate danger. In a pending divorce, a parent can still ask for temporary parenting and support orders by filing the SC Affidavit 5 Motion/Affidavit for Temporary Orders.
Can I get temporary support or parenting orders while my Adams County divorce is pending?: Yes. File the SC Affidavit 5 Motion/Affidavit for Temporary Orders to ask for temporary child or spousal support, parenting time, or exclusive use of the home while the case is pending. A hearing may be required. Temporary orders are separate from the final decree and only last while the case is open.
What if I'm caring for a child whose parents have both died?: A private third party can file in the Adams County Juvenile Court for legal custody when both biological parents are deceased — a separate case for each child. The packet is AC-001, AC-002 (if unrepresented), AC-007 Authorization for Background Search with Sheriff-run FBI and Ohio BCI checks for each household member over 18, a certified copy of the child's birth certificate, AC-308 Complaint/Motion for Legal Custody (parents deceased), AC-309 Affidavit for Custody, AC-310 Motion for Temporary Custody (Ex Parte), and AC-005 Praecipe for Service.
Do I file in Domestic Relations or Juvenile Court in Adams County?: If you are (or were) married to the other parent, custody, parenting time, and child support are decided inside your divorce or dissolution in the Domestic Relations Division. If you were never married, parentage, custody, parenting time, and support are handled by the Adams County Juvenile Court (R.C. 2151.23) — a separate case is filed for each child. Grandparent and other non-parent custody requests are always filed in Juvenile Court.

Free Local Resources in Adams County

Adams County Clerk of Courts (Larry Heller). Legal division on the top floor of the Courthouse, 110 West Main Street, Room 207, West Union, OH 45693. Accepts filings and provides current fees and instructions. Call (937) 544-2344 (lheller@adamscountycourts.com) before filing to confirm deposits and packet requirements.
Adams County Common Pleas forms & local rules portal. sites.google.com/view/adamscountycommonpleas/home — county AC-### forms, Ohio Supreme Court SC forms, checklists, the local rules (dated 2/3/2026), and pro-se/indigency pages.
Adams County Child Support Enforcement Agency (CSEA). Director Angie Malott. 482 Rice Drive, P.O. Box 386, West Union, OH 45693. Phone (937) 544-5155 or toll-free (800) 840-5711 — establishes/modifies support, paternity, wage withholding, and payment distribution. Set up a court account with Form AC-202.
Adams County Children Services. 300 North Wilson Drive, West Union, OH 45693. Phone (937) 544-2511 for abuse/neglect concerns and emergency child-safety. Call 911 in an emergency.
Adams County CASA / GAL program. Volunteer and contact line (937) 618-0189. Court Appointed Special Advocates carry only 1–2 cases at a time and advocate for a child's best interest in contested and abuse/neglect matters.
Fee waiver (indigency). File the AC-012 Financial Disclosure / Fee-Waiver Affidavit & Order with a motion to waive the court-cost deposit if you meet federal poverty guidelines. See sites.google.com/view/adamscountycommonpleas/indigency.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the 2024 Income Shares worksheet, print, and sign it for filing.

Related to your emergency custody case

Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
Grandparents' Rights — Seek visitation or custody when it serves the child's best interest.
Post-Decree Modification — Update custody, support, or parenting orders after your case ends.

Related guides

In-depth, attorney-written guides on emergency custody and related Ohio family law topics.

Emergency Custody in Ohio: When and How to Get an Ex Parte Order — When a child faces immediate danger, Ohio courts can grant emergency custody on short notice through an ex parte order. Here's what qualifies and what happens next.
Ohio Child Custody Laws: What Every Parent Should Know — Ohio custody law turns on one principle: the best interest of the child. This guide explains sole custody, shared parenting, the statutory factors, and how courts decide.
Civil Protection Orders in Ohio: How to Get a CPO — An Ohio civil protection order can provide fast, court-ordered protection from domestic violence — including no-contact terms, exclusive home use, and temporary custody. Here's how to get one.

Keep exploring

Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
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