Emergency & Temporary Orders in Athens County

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

Athens County, Ohio · Athens

In a pending divorce, dissolution, or legal-separation case, you can ask the Domestic Relations Division for short-term orders while the case is going on — who lives in the home, temporary custody and parenting time, and temporary support. Some can be granted ex parte (without the other side first being heard). These are temporary, not a final custody decision.

How do I get emergency or temporary orders in Athens County, Ohio?

In a pending Domestic Relations case, file a motion with a sworn affidavit under Civ.R. 75 (Local Rule 24.03) asking for temporary custody, parenting time, support, exclusive use of the home, or restraining orders. The affidavit must give enough facts — if you ask for exclusive use of the home, list everyone living there; if a child will move, give the new address and school. Restraining orders must be mutual, and no ex parte orders issue when both parties are already represented. Temporary custody, exclusive use, and restraining orders can take effect immediately on filing; other temporary orders take effect 14 days after service. The other party may object within 14 days (Civ.R. 75(N)(2)). Emergency custody for never-married parents is a Probate/Juvenile Court matter, and a DVCPO is a separate protection-order case.

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: Athens County Court of Common Pleas, General Division — Domestic Relations Division

Athens County Courthouse, 1 S. Court Street, 4th Floor, Athens, OH 45701, Athens, OH 45701
Phone: (740) 592-3242
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.co.athensoh.org/government/common_pleas_court/domestic_relations_division.php
e-Filing: https://eservices.athenscommonpleas.com/

Juvenile Branch (Never-Married Parents)

Athens County Probate/Juvenile Court
Athens County Courthouse, 1 S. Court Street, 2nd Floor, Athens, OH 45701, Athens, OH 45701
Phone: (740) 592-3256
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.

Emergency Custody & Temporary Orders is the right path if…

You have a pending divorce, dissolution, or legal-separation case and need short-term orders now.
You can provide a sworn affidavit with specific facts supporting the temporary relief you request.
You need temporary custody, parenting time, support, exclusive use of the home, or restraining orders.
You understand these are temporary orders under Civ.R. 75 — not a final custody decision or a DVCPO.

Filing Fees

Temporary-order motions are part of the underlying DR case — no separate new-case fee · restraining orders are mutual · no ex parte orders when both parties are represented · objection window 14 days (Civ.R. 75(N)(2)). Confirm current amounts with the Clerk's Legal Department at (740) 592-3242, option 5, before filing.

Forms & Filing Packets

Temporary orders in a pending DR case — No separate new-case fee (part of the pending DR case)

File a motion and sworn affidavit under Civ.R. 75 asking for temporary custody, parenting time, support, exclusive use of the home, or mutual restraining orders. Each order states which parts are immediate and which wait 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).
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.

Responding to a temporary order

The other party may object by motion and counter-affidavit within 14 days (Civ.R. 75(N)(2)). To set aside a magistrate's temporary order, follow Civ.R. 53.

General Motion (Athens County Clerk of Courts) — The Clerk's fill-in general motion used for post-decree and in-case requests in the Domestic Relations Division. Under LR 24.11 a motion must quote the exact order being changed (or attach it), state the change requested, and give the reasons.
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.

How to File Emergency Custody & Temporary Orders in Athens County

Confirm a case is pending. Temporary orders attach to a pending divorce, dissolution, or legal-separation case in the Domestic Relations Division.
Prepare the motion and affidavit. File a motion and sworn affidavit under Civ.R. 75 with specific facts; list everyone in the home for exclusive use, and any new address/school for a child.
Identify immediate vs. delayed relief. Temporary custody, exclusive use, and restraining orders can be immediate; other relief takes effect 14 days after service.
Serve and respond. Serve the other party, who may object within 14 days (Civ.R. 75(N)(2)); a magistrate's order can be challenged under Civ.R. 53.

Athens County Practice Notes

Restraining orders are mutual; effective dates vary. Under Local Rule 24.03 a temporary restraining order binds both spouses equally. Temporary custody, exclusive use of the home or a vehicle, and restraining orders may take effect immediately on filing; other temporary orders take effect 14 days after service. Each order must state which parts are immediate.
No ex parte when both are represented; this is not a DVCPO. No ex parte temporary orders issue when both parties are already represented by counsel in a related matter. Emergency custody for never-married parents is a Probate/Juvenile Court matter, and a protection order against a family or household member is a separate DVCPO case (see Civil Protection Orders).

Frequently Asked Questions

How do I get an emergency custody order in Athens County?: In a pending Domestic Relations case, file a motion and sworn affidavit under Civ.R. 75 (Local Rule 24.03) asking for temporary custody and related relief. Temporary custody, exclusive use of the home, and restraining orders may take effect immediately on filing; other temporary orders take effect 14 days after service, and the other party may object within 14 days (Civ.R. 75(N)(2)).
What if I need emergency custody and we were never married?: Emergency custody for never-married parents is a Probate/Juvenile Court matter, not a Domestic Relations temporary order. A protection order against a family or household member is a separate DVCPO case filed in the Domestic Relations Division (see Civil Protection Orders).
Are restraining orders mutual in an Athens County divorce?: Yes. Under Local Rule 24.03 a temporary restraining order binds both spouses equally — the moving party is restrained from the same conduct. No ex parte temporary orders issue when both parties are already represented by counsel in a related matter.
Can I get temporary orders during my Athens County divorce?: Yes. In a pending Domestic Relations case you can ask for temporary custody, parenting time, support, exclusive use of the home, or restraining orders by motion and sworn affidavit under Civ.R. 75 (Local Rule 24.03). Restraining orders must be mutual, and no ex parte orders issue when both parties are already represented. Temporary custody, exclusive use, and restraining orders can take effect immediately; other temporary orders take effect 14 days after service.

Free Local Resources in Athens County

Athens County Clerk of Courts — Legal Department. 1 S. Court Street, 4th Floor, Athens, OH 45701; (740) 592-3242. Confirms current filing deposits, hosts the Domestic Relations forms page, and runs the CourtView online docket and e-file (https://eservices.athenscommonpleas.com/). Mon–Fri 8:00 a.m.–4:00 p.m.
Athens County Child Support Enforcement Agency (CSEA). Under Athens County Job & Family Services, 13183 St. Rte. 13, Millfield, OH 45761; (740) 593-5046 or 1-800-436-8933 (https://jfs.athensoh.org/). Opens IV-D cases, sets and collects support by wage withholding, and can establish paternity administratively.
Parent-education seminar (Athens County Children Services). Required within 60 days in every Domestic Relations case with minor children (Local Rule 24.02(D)). Register with the Director of Preventive Services at (740) 592-3061 ext. 305; the class is no more than $10 per person.
Athens County Probate/Juvenile Court. 1 S. Court Street, 2nd Floor, Athens, OH 45701; Juvenile (740) 592-3256, Probate (740) 592-3251 (https://www.athenscountypjcourt.com/). Hears never-married parentage and custody, non-parent custody, and companionship. No e-filing portal — fax filing of non-fee documents to (740) 592-3268 is permitted.

Related to your emergency orders 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 orders 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.
Columbus family law — Local attorneys and courts serving the Columbus metro.
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