Emergency Custody in Belmont County

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

Belmont County, Ohio · St. Clairsville

When a child faces an immediate risk of harm, Ohio courts can act quickly. In Belmont County an emergency (ex parte) custody request is made by a written motion with a supporting affidavit; married parents file in the General Division divorce, and never-married parents file in the Probate & Juvenile Court, (740) 699-2141. If a child is in immediate danger, call 911 or Belmont County Children Services at (740) 695-3813.

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

File a written motion for an emergency (ex parte) order with a supporting affidavit stating specific facts that show the children face immediate harm. Married parents file under Civ.R. 75(N) in the General Division divorce; never-married parents file an emergency motion in the Belmont County Probate & Juvenile Court, (740) 699-2141. If the court grants an ex parte order, it sets a prompt follow-up hearing so the other parent can respond. Ex parte relief is reserved for genuine emergencies — abuse of the procedure can lead to sanctions. If a child is in immediate danger, call 911 or Children Services at (740) 695-3813.

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: Belmont County Court of Common Pleas, General Division

101 West Main Street, St. Clairsville, OH 43950
Phone: (740) 699-2169
Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.
Website: belmontcountycoc.org/

Juvenile Branch (Never-Married Parents)

Belmont County Probate & Juvenile Court
101 West Main Street, St. Clairsville, OH 43950
Phone: (740) 699-2141
Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.

Emergency Custody is the right path if…

A child faces an immediate risk of physical harm, abuse, neglect, or abduction.
Waiting for a normal hearing date would put the child in danger.
You can state specific facts in a sworn affidavit, not just general worry.
You need the court to act before the other parent is heard (ex parte).

Filing Fees

Emergency motion filed inside a divorce is part of the $251 divorce deposit · never-married emergency motion via the Probate & Juvenile Court (deposit set by that court) · poverty affidavit (~$11) available under Local Rule 12.1 · in an emergency call 911 or Children Services (740) 695-3813

Forms & Filing Packets

Emergency order inside a divorce (married parents)

File an ex parte motion under Civ.R. 75(N) in the General Division divorce with a supporting affidavit of immediate harm. The court can issue a temporary order and set a prompt hearing.

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.
Belmont County General Division Local Rules (Rule 12 Divorce Forms) — The General Division's Local Rule 12 and its attached Belmont Divorce Forms (101 restraining order, 103/104 property appraisal, 105 financial affidavit). There is no separate Domestic Relations court — the General Division Magistrate runs the DR docket. Obtain the current packet from the Clerk's Legal Division, 3rd floor, (740) 699-2169.

Emergency order (never-married parents)

File an emergency motion in the Probate & Juvenile Court, (740) 699-2141, with the UCCJEA affidavit and a supporting affidavit of immediate harm.

Belmont County Probate & Juvenile Court Forms — The combined Probate & Juvenile Court's local forms for unmarried-parent parentage, custody, support, and parenting time — and the Belmont Grandparent Power of Attorney. Obtain the current packet from the Juvenile Court, (740) 699-2141.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.

How to File Emergency Custody in Belmont County

Confirm it's a true emergency. Ex parte relief is for immediate harm — abuse, neglect, or a risk of abduction. If a child is in immediate danger, call 911 or Children Services at (740) 695-3813.
Write the affidavit. Prepare a sworn affidavit with specific facts (who, what, when, where) showing the children face immediate harm — general worry is not enough.
File in the right court. Married parents file an ex parte motion under Civ.R. 75(N) in the General Division divorce; never-married parents file in the Probate & Juvenile Court, (740) 699-2141.
Attend the follow-up hearing. If an ex parte order issues, the court sets a prompt hearing where the other parent can respond and the court decides on a longer-term order.

Belmont County Practice Notes

Temporary orders under Civ.R. 75(N). Either spouse may request temporary custody, parenting time, child support, spousal support, or exclusive use of the home by motion supported by affidavit (Civ.R. 75(N)). The court may rule without an oral hearing, and the orders take effect while the case is pending unless the court orders otherwise.
Mutual no-removal of children (Local Rule 12.10). Once a divorce is filed, neither parent may remove the children from Ohio (or otherwise as the Court orders) without the other parent's consent or a court order. After a final order, file a notice of intent to relocate and a motion to modify before moving.
Guardian ad Litem deposit up to $1,000. In a contested custody case the Court may appoint a Guardian ad Litem and order a deposit of up to $1,000, with additional sums if the work requires it (Local Rule 12.30). The cost is typically allocated between the parents, and the GAL files a written best-interest report before the merit hearing.
Confirm juvenile / probate deposits with the Court. Probate & Juvenile Court filing deposits were not published in the materials reviewed and are set by that court. A fee waiver is available for indigent filers. Confirm the current deposit with the Belmont County Juvenile Court (Hon. Albert E. Davies), (740) 699-2141, before filing.

Frequently Asked Questions

How fast can I get an emergency custody order in Belmont County?: An emergency request is made by a written motion with a supporting affidavit stating specific facts showing the children face immediate harm. Married parents file an ex parte motion under Civ.R. 75(N) in the General Division divorce; never-married parents file an emergency motion in the Probate & Juvenile Court, (740) 699-2141. If an ex parte order issues, the court sets a prompt follow-up hearing. If a child is in immediate danger, call 911 or Belmont County Children Services at (740) 695-3813.
Can I get temporary custody and support while my Belmont County divorce is pending?: Yes. Under Civ.R. 75(N), either spouse can request temporary orders for custody, parenting time, child support, spousal support, and a health-insurance order by motion supported by affidavit. The court may rule without an oral hearing, and temporary orders take effect while the case is pending unless the court orders otherwise.
When does Belmont County appoint a Guardian ad Litem?: In a contested custody case, the Court can appoint a Guardian ad Litem (GAL) to investigate and recommend what is in the children's best interest. Under Local Rule 12.30 the Court may order a GAL deposit of up to $1,000, with additional sums if the work requires it, and the cost is typically allocated between the parents. The GAL files a written report before the merit hearing.
Do unmarried parents file custody in the General Division or Juvenile Court in Belmont County?: If you are married to (or were married to) the other parent, custody, parenting time, and child support are decided inside your divorce or dissolution in the General Division. If you were never married, parentage and custody are handled by the Belmont County Probate & Juvenile Court, (740) 699-2141. Under R.C. 3109.042 an unmarried mother is the sole residential parent until a court orders otherwise. Grandparent and other non-parent custody requests are filed in the Juvenile Court.

Free Local Resources in Belmont County

Belmont County Clerk of Courts (General Division). Current filing deposits, the Local Rule 12 divorce forms (101, 103/104, 105), and filing instructions for divorce, legal separation, annulment, and post-decree matters. File with the Legal Division on the 3rd floor, 101 West Main Street, St. Clairsville; (740) 699-2169. Local rules at https://belmontcountycoc.org/local-rules and the cost schedule at https://belmontcountycoc.org/costs-and-fees.
Belmont County Probate & Juvenile Court. Handles unmarried-parent parentage, custody, support, and parenting time, plus the Belmont Grandparent Power of Attorney. Forms at https://www.belmontcountyohiocourts.com/forms/; Juvenile (740) 699-2141, Probate (740) 699-2144.
Belmont County Child Support Enforcement Agency (CSEA). Belmont County's IV-D agency opens child-support cases, runs wage withholding, distributes payments, and enforces orders. Belmont County DJFS, 68145 Hammond Road, St. Clairsville; (740) 695-1075 option 8; https://belmontcdjfs.com/.
Belmont County Children Services. Investigates child abuse and neglect and supports kinship caregivers. If a child is in immediate danger, call 911 or Children Services at (740) 695-3813.
Representing Yourself in Belmont County. The Clerk's self-represented-litigant resources and filing guidance for the General Division at https://belmontcountycoc.org/representing-yourself. The Clerk cannot give legal advice but can explain what a complete filing requires.

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