Emergency & Temporary Orders in Allen County

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

Allen County, Ohio · Lima

When a child is at risk or you need protection of the status quo, Allen County offers temporary and ex parte orders while a case is pending. In the Domestic Relations Division you can request temporary parenting time, temporary support, and exclusive use of the home; urgent requests can be decided ex parte on a sworn affidavit. These are not final custody determinations — they hold things steady until a full hearing.

How do I get an emergency custody order in Allen County, Ohio?

In a Domestic Relations case, file a motion for temporary orders with a supporting affidavit and the $25 fee (DR Loc.R. 20.04). For ex parte relief, the affidavit must set forth the specific basis showing immediate need; if the Judge or Magistrate finds it meritorious, the order may be granted ex parte and is served by certified mail. The affected party can file a written response and request an oral hearing within 14 days of service, with a hearing set within 28 days. For never-married parents, the same urgent relief is sought in the Juvenile Division. If you need protection from abuse rather than a custody order, a DVCPO may be the faster tool.

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: Allen County Court of Common Pleas, Domestic Relations Division

301 N. Main St., Lima, OH 45801, Lima, OH 45801
Phone: (419) 223-8513
Hours: Monday–Friday, 8:00 AM – 4:30 PM (Clerk of Courts)
Website: clerkofcourts.allencountyohio.com/
e-Filing: https://courtvweb.allencountyohio.com/eservices

Juvenile Branch (Never-Married Parents)

Allen County Juvenile & Probate Court (Juvenile Division)
1000 Wardhill Ave, Lima, OH 45805, Lima, OH 45805
Phone: (419) 227-5531
Hours: Clerk's office 8:30 AM–12:00 PM and 1:00 PM–4:30 PM

Emergency Custody is the right path if…

A child faces immediate danger or a serious risk of harm.
You need temporary parenting time, support, or exclusive use of the home right now.
You can swear to specific facts showing why the relief can't wait for a full hearing.
There is a pending or newly filed case the temporary orders can attach to.

Filing Fees

Temporary-orders motion: +$25 added to the underlying case · ex parte relief on a sworn affidavit · 14 days to request an oral hearing, hearing within 28 days (DR Loc.R. 20.04)

Forms & Filing Packets

Motion for temporary / ex parte orders — +$25 temporary-orders motion

File a motion for temporary orders with a sworn affidavit showing the specific basis for relief. If meritorious, the court may grant relief ex parte and serve it by certified mail (DR Loc.R. 20.04).

Motion for Temporary Orders (Civ. R. 75(N)) — Asks the court for temporary custody, parenting time, child support, spousal support, or exclusive use of the home while the case is pending. Tip: Attach a current Financial Affidavit (Affidavit 1) and Affidavit 2 (Property).
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.

Add child-related affidavits

In any case involving children, attach the UCCJEA Parenting Proceeding Affidavit and the child-support worksheet so the court can address temporary parenting time and support.

Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
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.

How to File Emergency Custody in Allen County

Confirm it's truly urgent. Identify the immediate risk to the child or the need to preserve support, parenting time, or use of the home while the case is pending.
Prepare the motion and affidavit. Complete the motion for temporary orders with a sworn affidavit setting out the specific facts showing why relief cannot wait.
File in the right court. File in the Domestic Relations Division (married parents) or the Juvenile Division (never-married parents), within an existing or newly filed case, and pay the $25 temporary-orders fee.
Attend the hearing. If granted ex parte, the order is served by certified mail; the other party can request an oral hearing within 14 days, and the court sets a hearing within 28 days.

Allen County Practice Notes

Affidavit must show specific, immediate need. Motions for restraining orders must be accompanied by a sworn affidavit setting forth the specific basis for relief; if the Judge or Magistrate finds it meritorious, the order may be granted ex parte and is then served by certified mail (DR Loc.R. 20.04). Ex parte relief is the exception, not the rule.
Temporary orders are not permanent. Temporary orders last only until the court modifies them or enters the final decree. The party affected by an ex parte order can request an oral hearing within 14 days of service, and a hearing is set within 28 days.

Frequently Asked Questions

Can I get an emergency order in Allen County while my case is pending?: Yes. In a Domestic Relations case you can file a motion for temporary orders (with a sworn affidavit) for temporary parenting time, support, or exclusive use of the home. Motions for restraining orders must be accompanied by an affidavit showing the specific basis; if the Judge or Magistrate finds it meritorious, the order may be granted ex parte and served by certified mail, and the affected party can request an oral hearing within 14 days, set within 28 days (DR Loc.R. 20.04).
How do temporary orders work in Allen County?: File a motion for temporary orders with a supporting affidavit and the $25.00 fee (DR Loc.R. 20.04). The responding party has 14 days to respond and the matter is deemed submitted at 21 days. A Civ.R. 75(N) request to modify a journalized temporary support order must be filed within 14 (+3) days, with a hearing set within 28 days. For ex parte restraining orders, the affidavit must show specific grounds; if granted, the order is served by certified mail and the affected party can request an oral hearing within 14 days.
Do I file in Domestic Relations or Juvenile Court in Allen County?: If you are or were married to the other parent, custody, parenting time, and support are decided in your divorce or dissolution in the Domestic Relations Division (filed through the Clerk of Courts, 301 N. Main St., Lima). If you were never married, parentage, custody, parenting time, and support are handled in the Allen County Juvenile Court at 1000 Wardhill Ave, Lima, (419) 227-5531. Non-parent (grandparent/relative) custody is always filed in Juvenile Court.
DVCPO or CSPO — which protection order do I file in Allen County?: If the person to be restrained is a family or household member — a current/former spouse, the other parent of your child, a relative, or someone you live(d) with — file a Domestic Violence Civil Protection Order (DVCPO, R.C. 3113.31) at the Clerk of Courts office on the 2nd floor, 301 N. Main St., Lima. If they are not a family/household member, file a Civil Stalking Protection Order (CSPO, R.C. 2903.214) in the Clerk of Courts Office, Room 209A. If the respondent is under 18, file in the Juvenile Court instead.

Free Local Resources in Allen County

Allen County Clerk of Courts. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call (419) 223-8513 or visit https://clerkofcourts.allencountyohio.com before filing to confirm deposits and packet requirements.
Allen County Child Support Enforcement Agency (CSEA). Allen County's IV-D agency opens child-support cases, runs wage withholding, distributes payments, and enforces orders. File a IV-D Application when establishing or modifying support.

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.
Dayton family law — Local attorneys and courts serving the Dayton metro.
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