Emergency & Temporary Custody in Ashland County

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

Ashland County, Ohio · Ashland

While a divorce, legal separation, or annulment is pending, the court can set short-term orders for who stays in the house, who pays what, and where the children live until the final hearing — none of it a final custody determination. Ashland handles ordinary temporary orders on paper at a non-oral review and reserves true ex parte (no-notice) orders for proven exigent circumstances. Where there is domestic violence, a DVCPO is usually the faster protective tool.

How do I get emergency custody in Ashland County, Ohio?

There are three layers. (1) The court issues its standard Judgment Entry of Injunctions (Form 4.00) ex parte in every divorce, legal separation, and annulment automatically. (2) For ordinary temporary custody, parenting time, or support, file Affidavit 5 with your initial pleadings — the court decides on the affidavits at a non-oral review 21 days after filing or 14 after service, whichever is later (request a hearing within 14 days to contest). (3) A true ex parte order (exclusive use of the home, or emergency allocation of parental rights) issues only on personal-knowledge affidavits proving exigent circumstances and the child's best interest, with full disclosure of counsel, other orders, and your notice efforts; the other party may request a hearing within 14 days (LR 20.11). Where domestic violence is involved, a DVCPO (no fee, same-day service) is the immediate option.

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: Ashland County Common Pleas Court - Domestic Relations Division

142 W 2nd St, Ashland, OH 44805, Ashland, OH 44805
Phone: (419) 282-4242
Hours: Monday–Friday (call the Clerk to confirm current hours)
Website: ashlandcommonpleas.com

Emergency Custody is the right path if…

You need temporary custody, parenting time, support, or exclusive use of the home while a divorce or legal separation is pending.
There are exigent circumstances — violence, threats, child abuse, endangerment, or a long absence — that justify an ex parte order.
You can support the request with personal-knowledge affidavits and disclose all other current orders.
If domestic violence is involved, you may be better served by a DVCPO with same-day service.

If there is domestic violence, a Domestic Violence Civil Protection Order is faster — no fee and same-day service. See Ashland County protection orders.

Filing Fees

Folded into the divorce/legal-separation deposit ($425 with children / $375 without) · automatic Form 4.00 injunctions · non-oral temporary-order review ~3 weeks in · true ex parte orders only on exigent-circumstances affidavits · DVCPO is free with same-day service · confirm at (419) 282-4242

Forms & Filing Packets

Standard temporary orders (non-oral review)

File Affidavit 5 with your initial pleadings. The court decides temporary orders on the affidavits ~3 weeks in, with no hearing. Request a hearing in writing within 14 days to contest.

Motion & Affidavit for Temporary Orders (Ohio SC Affidavit 5) — Filed with your initial pleadings to request temporary custody, parenting time, support, or exclusive use of the home. In Ashland it is decided on the affidavits at a non-oral review (LR 20.02(D)).
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
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.

True ex parte order (exigent circumstances)

File a motion with personal-knowledge affidavits establishing exigent circumstances and the child's best interest, disclosing counsel, all current orders, and notice efforts. The other party may request a hearing within 14 days.

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).
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.
Personal Identifier Disclosure Form (Local Form 18.00) — Required (and kept non-public) in every new or reopened DR case and every post-decree motion. Lists SSNs and other identifiers off the public record.

How to File Emergency Custody in Ashland County

Decide which layer fits. Standard temporary orders (Affidavit 5, non-oral review) for ordinary needs; a true ex parte motion only for genuine exigent circumstances; a DVCPO where there's domestic violence.
Prepare personal-knowledge affidavits. For ex parte relief, swear to specific facts showing exigent circumstances and the child's best interest, and disclose all other current orders and your notice efforts.
File with the initial pleadings. Attach Affidavit 5 (and Affidavits 1–4 as applicable) to your divorce or legal-separation packet, or file the ex parte motion with supporting affidavits.
Be ready for the responsive hearing. The other party can request a hearing within 14 days of service; at that hearing you, as movant, must prove the order should continue.

Ashland County Practice Notes

Temporary orders are decided on paper. The default is a non-oral review: the court reads the affidavits 21 days after filing or 14 days after service of the request and issues temporary orders with no hearing. No temporary shared parenting order issues unless a proposed Shared Parenting Plan is on file. To contest, request a hearing in writing within 14 days; late requests are treated as motions to modify (LR 20.02(D)–(F)).
Ex parte relief has a high bar. Exclusive use of the marital residence requires affidavits showing good cause or listed conduct (violence, threats, child abuse, endangerment, or continuous absence) plus each side's alternate housing and who owns/leases the home. Ex parte allocation of parental rights requires exigent circumstances AND best interest (LR 20.11(B)–(D)).
Every ex parte motion must disclose and notify. Disclose whether the other party has counsel, all current orders (with time-stamped copies), and your notice efforts; support it with personal-knowledge affidavits; and include the bold notice that the other party may request a hearing within 14 days. The movant bears the burden of proving the order should continue.

Frequently Asked Questions

How fast do temporary orders come in Ashland County?: On the standard track, about three weeks after filing — the court issues temporary orders at a non-oral review 21 days after filing or 14 days after service of the request, whichever is later, decided on the affidavits with no hearing (LR 20.02(D)).
Can I get emergency custody the day I file in Ashland County?: Only with personal-knowledge affidavits proving exigent circumstances AND the child's best interest; otherwise the court waits to hear from the other side. Every ex parte motion must disclose the other party's counsel, all current orders, and your notice efforts, and the other party may request a hearing within 14 days (LR 20.11(B)–(D)). Where there is domestic violence, a DVCPO is the faster option.
Can I make my spouse leave the house right away in Ashland County?: Only by an ex parte motion meeting Local Rule 20.11(B): sworn facts showing violence, threats, child abuse, endangerment, or long absence, plus each side's alternate housing options and who owns or leases the home. Otherwise exclusive use is decided on notice.

Free Local Resources in Ashland County

Ashland County Clerk of Courts. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call (419) 282-4242 or visit https://ashlandcommonpleas.com before filing to confirm deposits and packet requirements.
Ashland County Child Support Enforcement Agency (CSEA). Ashland 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.
Medina family law — Local attorneys and courts serving the Medina metro.
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