Emergency & Temporary Orders in Brown County

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

Brown County, Ohio · Georgetown

When a child is at risk or you need to hold the status quo, Brown County offers two paths. If a child is in immediate danger and there is no pending divorce, the Juvenile Division has its own Emergency Custody Order packet (510 E. State St., Georgetown). If a divorce, legal separation, or annulment is already pending, you request temporary orders under Civ.R. 75(N) in the Domestic Relations case (Local Rule 31.7) — for interim parenting time, support, and household expenses.

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

If a child is in immediate danger and no Domestic Relations case is pending, file the Juvenile Division's Emergency Custody Order packet at 510 E. State St., Georgetown. If a divorce, legal separation, or annulment is pending, file a Request for 75(N) Temporary Orders using Ohio Uniform Domestic Relations Form – Affidavit 5, with an income/financial affidavit, a UCCJEA affidavit, and a sworn child-support worksheet (Local Rule 31.7). A 75(N) order is decided on affidavits and will not issue until at least 15 days after service; only a narrow status-quo restraining order may issue ex parte. For protection from abuse rather than a custody order, a civil protection order 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: Brown County Court of Common Pleas — General & Domestic Relations Division

101 South Main Street, Georgetown, OH 45121, Georgetown, OH 45121
Phone: (937) 378-3233
Hours: Monday–Friday 8:00 AM – 4:00 PM; Thursdays until 6:00 PM (closed legal holidays)
Website: browncountyohiocommonpleascourt.us/
e-Filing: https://www.clerkofcourtsbrowncountyohio.org/homeCP.php

Juvenile Branch (Never-Married Parents)

Brown County Probate & Juvenile Court (Juvenile Division)
510 East State Street, Georgetown, OH 45121, Georgetown, OH 45121
Phone: (937) 378-6726
Hours: Monday–Friday 8:00 AM – 4:00 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 use of the home while a case is pending.
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

Juvenile emergency custody rides the $120 new-complaint deposit (see packet); DR 75(N) temporary orders ride the pending divorce/legal-separation case — no 75(N) order issues until 15 days after service (Local Rule 31.7) — confirm with the Juvenile Court at (937) 378-6726

Forms & Filing Packets

Juvenile Emergency Custody Order — $120 Juvenile new complaint (see packet)

When a child is in immediate danger and no DR case is pending, file the Brown County Juvenile Division's Emergency Custody Order packet with the Filing Packet for Complaint.

Emergency Custody Order (Brown County Juvenile Division) — The Brown County Juvenile Division's Emergency Custody Order packet, used when a child is in immediate danger and no Domestic Relations case is pending.
Juvenile Filing Packet for Complaint (Brown County) — The Brown County Juvenile Division packet to open a parentage, custody, or non-parent custody case at 510 E. State St., Georgetown. Pair it with the Directions for All Filings.
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.

Civ.R. 75(N) temporary orders in a pending divorce

File the Motion and Affidavit for Temporary Orders Without Oral Hearing (Affidavit 5) with an income/financial affidavit, a UCCJEA affidavit, and a sworn child-support worksheet (Local Rule 31.7). Decided on affidavits; no order until 15 days after service.

Motion and Affidavit / Counter Affidavit for Temporary Orders Without Oral Hearing (Affidavit 5) — Brown County's hosted copy of Ohio Uniform Domestic Relations Form – Affidavit 5, the Civ.R. 75(N) temporary-orders vehicle for interim parenting time, child or spousal support, and household expenses (Local Rule 31.7).
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.
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 Brown County

Confirm the right path. If a child is in immediate danger with no pending divorce, use the Juvenile Emergency Custody Order; if a divorce or legal separation is pending, use Civ.R. 75(N) temporary orders.
Prepare the motion and affidavits. Complete the Juvenile emergency packet, or the Affidavit 5 motion with the income/financial, UCCJEA, and child-support affidavits (Local Rule 31.7).
File in the right court. File at the Juvenile Division (510 E. State St.) or in the pending Domestic Relations case at the Clerk of Courts (101 S. Main St.).
Attend the hearing. A 75(N) order is decided on affidavits and issues no sooner than 15 days after service; a party may request an oral hearing on modification within 28 days.

Brown County Practice Notes

75(N) orders are decided on affidavits, not ex parte. Under Local Rule 31.7, a Civ.R. 75(N) temporary order is decided on affidavits without oral testimony and will not issue until at least 15 days after service. Temporary support and custody are not granted ex parte; only a narrow status-quo restraining order (protecting safety, marital property, insurance, or preventing removal of the children) may issue ex parte. After the order is journalized, a party may request an oral hearing on modification, heard within 28 days.
Child in danger goes through Juvenile Court. If a child is in immediate danger and there is no pending Domestic Relations case, the emergency custody request goes through the Juvenile Division, which has its own Emergency Custody Order packet (510 E. State St., Georgetown; (937) 378-6726). The statewide child-abuse hotline (855) 642-4453 routes to the Brown County Public Children Services Agency.

Frequently Asked Questions

How do I get emergency custody when a child is in danger in Brown County?: If a child is in immediate danger and there is no pending Domestic Relations case, an emergency custody request goes through the Juvenile Division, which has its own Emergency Custody Order packet (510 E. State St., Georgetown; (937) 378-6726). If a divorce, legal separation, or annulment is already pending, you instead request temporary orders under Civ.R. 75(N) in the Domestic Relations case (Local Rule 31.7). For protection from abuse rather than a custody order, a civil protection order may be the faster tool.
How do temporary (75(N)) orders work in Brown County divorces?: While a divorce, legal separation, or annulment is pending, either party can request temporary orders under Civ.R. 75(N) using Ohio Uniform Domestic Relations Form – Affidavit 5, plus an Affidavit of Income, Expenses, and Financial Disclosure, a UCCJEA affidavit, and a sworn child-support worksheet (Local Rule 31.7). The motion is decided on affidavits, not oral testimony, and no 75(N) order issues until at least 15 days after service. Only a narrow status-quo restraining order may issue ex parte — temporary support and custody are not granted ex parte.
Do I file in Domestic Relations or Juvenile Court in Brown County?: If you are or were married to the other parent, custody, parenting time, and support are decided in your divorce, dissolution, or legal separation in the General & Domestic Relations Division of the Court of Common Pleas, 101 S. Main St., Georgetown ((937) 378-3233). If you were never married, parentage, custody, parenting time, and support are handled in the combined Probate & Juvenile Court at 510 E. State St., Georgetown ((937) 378-6726). Non-parent (grandparent/relative) custody is always filed in the Juvenile Division.
Does a protection order cost anything in Brown County?: No. There is no filing fee for the petitioner of a Domestic Violence Civil Protection Order (R.C. 3113.31) or a Stalking/Sexually Oriented Offense Protection Order (R.C. 2903.214). File the petition with the Clerk of Courts, 1st floor, 101 S. Main St., Georgetown (Local Rule 40). Juvenile civil protection orders (when the respondent is under 18) are filed in the Juvenile Division and also carry no fee.

Free Local Resources in Brown County

Brown County Clerk of Courts (Common Pleas / Domestic Relations). Court House Square, 101 S. Main St., Georgetown — Civil and Domestic filings on the 1st floor. Main (937) 378-3100; verified record line (937) 378-4740; fax/electronic-transmission filing (937) 378-1753. Payment by cash, money order, personal check, or certified check — no credit cards.
Brown County Child Support Enforcement Agency (CSEA). Director Deborah Forsythe. 510 E. State St., Georgetown, OH 45121. Phone (937) 378-6414; fax (937) 378-2552; hours Mon–Fri 7:30 AM–4:00 PM. Establishes, modifies, and enforces support and can establish paternity administratively (free genetic testing if ordered).
Helping Children Cope with Family Separation (parenting program). Mandatory $60 online (Zoom) class for any divorce, dissolution, or legal separation with minor children (Local Rule 31.5), run with Lifespan Solutions. Register and pay by card at 513-324-3999, or mail a $60 money order to Lifespan Solutions, 7672 Montgomery Road #153, Cincinnati, OH 45236 at least two weeks before the class.
Brown County Law Library / Georgetown Public Library. Public legal research at the Georgetown Public Library, 200 West Grant Ave., Georgetown (court staff cannot give legal advice). Ohio statewide child-abuse hotline (855) 642-4453 routes to the Brown County Public Children Services Agency.

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