Emergency Custody in Auglaize County

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

Auglaize County, Ohio · Wapakoneta

When a child faces immediate risk, courts can act quickly. In Auglaize County, temporary orders run on a 14-day rule, but a true emergency gets a priority hearing set within 14 days. For immediate protection from violence or threats, a domestic violence protection order can include a same-day order — including temporary custody. If anyone is in danger right now, call 911.

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

If a child is at immediate risk, file an emergency motion with a supporting affidavit in your open Domestic Relations or Juvenile case, showing the specific danger; the court can then set a priority hearing within 14 days. For immediate protection from violence or threats, file a Petition for a Domestic Violence Civil Protection Order in the Court of Common Pleas — there is no filing fee, it is filed on paper, a judge or magistrate can grant a same-day ex parte order, and the order can include temporary custody and support. The court will not repeat orders the Standing Orders already cover. Confirm any emergency procedure with the court at (419) 739-6775. If anyone is in danger right now, call 911.

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: Auglaize County Court of Common Pleas

201 S Willipie St, Wapakoneta, OH 45895, Wapakoneta, OH 45895
Phone: (419) 739-6775
Hours: Monday–Friday (call the Clerk to confirm current hours)
Website: www2.auglaizecounty.org/courts/domestic-relations-court

Emergency Custody is the right path if…

A child faces an immediate risk of harm right now.
There is violence, threats, abduction risk, or serious neglect.
You need urgent protection before a full hearing can be scheduled.
You can describe the specific danger in a sworn affidavit.

Filing Fees

DVCPO: no fee to the petitioner, filed on paper · emergency motion is part of your case deposit, with a priority hearing set within 14 days · confirm the current emergency procedure with the court at (419) 739-6775 · call 911 for immediate danger

Forms & Filing Packets

Immediate danger — domestic violence protection order — $0 to the petitioner

File a DVCPO petition on paper in the Court of Common Pleas; a same-day ex parte order can include temporary custody. No filing fee.

Petition for Domestic Violence Civil Protection Order (Ohio Form 10.01-D) — Opens a Civil Protection Order case under R.C. 3113.31 against a family or household member. There is no filing fee, and the petition is filed on paper. Auglaize asks for a physical description of the respondent — height, weight, hair and eye color, race, and sex — so have that ready.
Ex Parte / Full Civil Protection Order (Ohio Form 10.01-H) — The proposed order brought to the same-day ex parte review and the full hearing. A final order can last up to five years and can order no contact, use of the home, and temporary custody and support.

Emergency motion in an open case — Part of your case deposit

File an emergency motion with a supporting affidavit in your DR or Juvenile case showing the immediate risk to the child; the court can set a priority hearing within 14 days.

Emergency Motion + Supporting Affidavit — Requests urgent relief in an open case. Because Auglaize decides temporary orders under the 14-day rule, a true emergency must show immediate risk in a sworn affidavit, after which the court can set a priority hearing within 14 days. For immediate danger, a domestic violence protection order is the faster path. Confirm the current procedure with the court at (419) 739-6775.
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.

How to File Emergency Custody in Auglaize County

If anyone is in danger, call 911. A protection order is a civil court process, not an emergency response. For immediate danger, call 911 first.
Choose the right tool. For violence or threats, file a DVCPO in the Court of Common Pleas. For risk to a child in an existing case, file an emergency motion.
Document the emergency. Prepare a sworn affidavit describing the specific, immediate danger; attach any evidence you have. For a DVCPO, include a physical description of the respondent.
File and seek the order. File the DVCPO petition on paper (no fee) or the emergency motion; a judge or magistrate can grant same-day relief in a true emergency.
Attend the hearing. A priority hearing is set within 14 days; a final DVCPO under R.C. 3113.31 can last up to five years. Confirm procedure with the court at (419) 739-6775.

Auglaize County Practice Notes

Temporary orders run on the 14-day rule. You ask for temporary orders by a separate motion and a sworn affidavit. The court does not rule for 14 days after the motion is served, giving the other party time to respond. After an order issues, either party can ask for a hearing within 14 days — asking does not pause the order, which stays in effect meanwhile. A true emergency gets a priority hearing set within 14 days, and the court will not repeat orders the Standing Orders already cover.
A DVCPO is the fast path for danger. For violence or threats, a domestic violence protection order — not the divorce case — is the fast path for an emergency. A judge or magistrate can issue a same-day ex parte order that includes no contact, use of the home, and temporary custody and support. Auglaize asks for a physical description of the respondent, so have it ready.
Emergency relief requires a sworn showing. Emergency relief is reserved for genuine emergencies and must be backed by a sworn affidavit showing immediate risk. The court will not repeat orders the Standing Orders already cover, and the other parent gets a prompt hearing afterward.

Frequently Asked Questions

How do I get a domestic violence protection order in Auglaize County?: File a Petition for a Domestic Violence Civil Protection Order in the Auglaize County Court of Common Pleas. There is no filing fee, and the petition is filed on paper. Auglaize asks for a physical description of the respondent — height, weight, hair and eye color, race, and sex — so have that ready. A judge or magistrate can issue a same-day ex parte order when there is immediate danger, and a final order under R.C. 3113.31 can last up to five years. If you are in danger right now, call 911.
How does Auglaize County decide temporary orders during a divorce?: Auglaize uses a 14-day rule. You ask for temporary orders by a separate motion and a sworn affidavit, and the court does not rule for 14 days after the motion is served, giving the other party time to respond. After an order issues, either party can ask for a hearing within 14 days — asking does not pause the order, which stays in effect meanwhile. A true emergency gets a priority hearing set within 14 days; the court will not repeat orders the Standing Orders already cover. For immediate danger, use a domestic violence protection order.
How do I enforce an Auglaize County custody or support order?: File a motion to show cause (for contempt) in the case that issued the order. In a Domestic Relations case it is filed as a post-judgment motion ($200 deposit); a juvenile filing follows the court's catch-all deposit of $250. The motion must state the specific order being violated. Support enforcement can also go through the Child Support Enforcement Agency at (567) 242-2700.
Is there an automatic restraining order when I file for divorce in Auglaize County?: Yes. When you file, Auglaize County's Standing Orders (DR-SO) take effect and are served with the summons. This mutual restraining order stops both spouses from removing the children from the county to relocate, harassing each other, or disposing of property or opening a safe-deposit box. It is not a no-contact order — for that you need a domestic violence protection order.

Free Local Resources in Auglaize County

Auglaize County Clerk of Courts. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call the Domestic Relations Court at (419) 739-6775 or visit https://www2.auglaizecounty.org/courts/domestic-relations-court before filing to confirm deposits and packet requirements.
Auglaize County Child Support Enforcement Agency (CSEA). Auglaize 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.
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