Emergency & Temporary Custody in Clinton County

Reviewed by Stephanie Green, Esq. · Managing Partner, Gavvl Law · Last updated June 9, 2026

Clinton County, Ohio · Wilmington

While a divorce, legal separation, or parental-rights case is pending, either party can ask the Court of Common Pleas General Division for temporary orders — short-term decisions on parenting time, temporary custody, support, and use of the home — using a Civ. R. 75 Motion & Affidavit and a proposed Rule 75N Order. These orders last until the final decree. For immediate safety from abuse, a civil protection order is a separate and faster track that can grant same-day ex parte relief.

How do I get emergency or temporary custody in Clinton County, Ohio?

In a pending Domestic Relations case in the General Division, file a Civ. R. 75 Motion & Affidavit for temporary orders together with a proposed Rule 75N Order; Affidavit 5 supports a request for orders without an oral hearing. A Motion Requiring Service costs $20 ($50 if the Sheriff serves it). At the time of a divorce filing, a Mutual Restraining Order issues automatically under DR Local Rule 2.09. The court may rule on the affidavits or set a hearing; a party may request an oral hearing on a magistrate's temporary order within 14 days under Civ. R. 75(N)(2). Never-married parents seek emergency custody in the Clinton County Juvenile Court at (937) 382-2391. For immediate danger from abuse, file for a civil protection order — that track can grant same-day ex parte protection.

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: Clinton County Court of Common Pleas (Domestic Relations)

46 South South Street, Suite 333, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-3640
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.clintoncountycourts.org/

Juvenile Branch (Never-Married Parents)

Clinton County Juvenile Court
46 South South Street, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-2391
Hours: Monday-Friday 8:00 AM - 4:00 PM

Emergency Custody is the right path if…

You have a pending case and need interim custody, parenting time, or support now.
You need to keep the other party from removing the children or disposing of assets.
You need exclusive use of the marital home while the case is pending.
If there is immediate danger from abuse, a civil protection order is the faster track.

Filing Fees

Rule 75 temporary-order motion within a pending case: filed in the existing case · Motion Requiring Service: $20 ($50 if served by the Sheriff) · Juvenile Court emergency deposit: not posted online — confirm at (937) 382-2391 · Civil protection order: no filing fee. Confirm current amounts with the Clerk at (937) 382-2316.

Forms & Filing Packets

Civ. R. 75 temporary orders in a pending divorce (married parents) — Motion Requiring Service $20 ($50 if served by the Sheriff) — otherwise filed within the existing case

Filed in the pending Domestic Relations case. Ask for temporary custody, parenting time, support, or exclusive use of the home with a Rule 75 Motion & Affidavit and a proposed Rule 75N Order.

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 current Affidavit 1 and Affidavit 2 — incomplete financials cause continuances.
Motion and Affidavit for Temporary Orders Without Oral Hearing (Affidavit 5) — Supports a Civ. R. 75 request asking the court to decide temporary parenting time, custody, or support on the affidavits without an oral hearing.
Rule 75(N) Order (Clinton County local) — The proposed temporary order filed with a Civ. R. 75 Motion & Affidavit in a pending Clinton County Domestic Relations case. Confirm the current local form with the Clerk at (937) 382-2316.
Affidavit of Income & Expenses (Affidavit 1) — Must be notarized. Required at filing in every Clinton DR case. Both parties file their own.
Parenting Proceeding Affidavit (Affidavit 3 — UCCJEA, R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's UCCJEA jurisdiction.

Emergency custody in Juvenile Court (never-married parents) — Juvenile Court deposit not posted online — confirm at (937) 382-2391

Never-married parents seek emergency or temporary custody in the Clinton County Juvenile Court, which can issue interim orders pending a full hearing.

Complaint for Parentage, Allocation of Parental Rights & Parenting Time (Supreme Court Form 23 / Juvenile Form 2) — The Juvenile Court complaint that establishes parentage and asks the court to allocate custody and parenting time for never-married parents. Confirm any local Juvenile packet at (937) 382-2391.
Parenting Proceeding Affidavit (Affidavit 3 — UCCJEA, R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's UCCJEA jurisdiction.

How to File Emergency Custody in Clinton County

Decide the right track. For interim stability in a pending divorce, use Rule 75 temporary orders. For immediate danger from abuse, file for a civil protection order, which can grant same-day ex parte protection.
Prepare the Rule 75 motion and proposed order. File a Civ. R. 75 Motion & Affidavit stating the temporary relief you need, with a proposed Rule 75N Order. Use Affidavit 5 to ask for orders without an oral hearing.
Attach current financials and the UCCJEA affidavit. Include Affidavit 1 (income/expenses) and Affidavit 3 (UCCJEA) so the court can rule on parenting time and support without delay.
File and arrange service. File in the pending case; if service is required, pay the Motion Requiring Service fee ($20, or $50 if the Sheriff serves it). Never-married parents file instead in the Juvenile Court at (937) 382-2391.
Request an oral hearing if needed. If the court rules on the affidavits and you disagree, request an oral hearing within 14 days under Civ. R. 75(N)(2).

Clinton County Practice Notes

Temporary orders are not a final ruling. Civ. R. 75 temporary orders govern parenting time, temporary custody, and support only until the final decree (or until modified). They are decided quickly, often on the affidavits, so accurate Affidavit 1 (income) and Affidavit 3 (UCCJEA) filings matter.
Automatic Mutual Restraining Order. Under DR Local Rule 2.09, a Mutual Restraining Order issues automatically when the divorce is filed — separate from Rule 75 temporary orders — to keep both parties from disposing of assets or harassing each other while the case is pending.
Right to an oral hearing within 14 days. If the court enters a magistrate's temporary order on the affidavits, a party who disagrees may request an oral hearing within 14 days under Civ. R. 75(N)(2). The Assignment Commissioner then schedules it.

Frequently Asked Questions

How do I get an emergency or temporary custody order in Clinton County?: In a pending Domestic Relations case in the General Division, file a Civ. R. 75 Motion & Affidavit for temporary orders together with a proposed Rule 75N Order (Affidavit 5 supports a request without an oral hearing). A Motion Requiring Service costs $20 ($50 if the Sheriff serves it). At the time of a divorce filing a Mutual Restraining Order issues automatically under DR Local Rule 2.09. A party may request an oral hearing on a magistrate's temporary order within 14 days under Civ. R. 75(N)(2). For immediate safety from abuse, a civil protection order is the faster track. Never-married parents seek emergency custody in the Juvenile Court at (937) 382-2391.
When do I file in Juvenile Court instead of DR?: If the parents were never married, custody, parenting time, and child support are filed in the Clinton County Juvenile Court at 46 South South Street, Wilmington — phone (937) 382-2391. If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.
Will a Guardian ad Litem be appointed in my custody case?: In a contested custody or parenting matter the court may appoint a Guardian ad Litem under Sup.R. 48 to investigate and report on the child's best interest. The Clerk's $150.00 Home Investigation fee applies to custody investigations. In Juvenile Court matters, the county's CASA program provides guardians ad litem (Director Elizabeth Biggane, 46 South South Street, Wilmington — (937) 383-1137).
What is the Parenting Proceeding Affidavit and why do I need it?: Any Ohio custody case requires a Parenting Proceeding Affidavit (Affidavit 3) under the UCCJEA (R.C. 3127.23). It lists where each child has lived for the past five years and any other custody cases, and it confirms Ohio has jurisdiction. Ohio is usually the child's 'home state' if the child has lived here for at least the prior 6 months.
How fast can I get a protection order in Clinton County, and how long does it last?: CPO petitions are accepted during filing hours of 8:30 a.m.–3:30 p.m. (after 2:00 p.m. may be processed the next business day; ex parte petitioner available until 4:00 p.m. — DR Local Rule 7.01). If the petition shows immediate danger, the court can issue a same-day ex parte order. A full hearing is held within roughly 7–10 days, where both sides present evidence, and a final protection order can last up to five years (renewable). Magistrate Helen Rowlands handles civil protection orders in the General Division.

Free Local Resources in Clinton County

Clinton County Clerk of Courts. 46 South South Street, Wilmington, OH 45177. Phone (937) 382-2316. E-filing through efile.henschen.com.
Clinton County DR Local Rules (with form appendices). clintoncountycourts.org — DR forms are appendices to the local rules document.
Ohio Supreme Court Standardized Forms. Used for the complaint, affidavits, decree, parenting plans, and motions. Available at supremecourt.ohio.gov.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
Clinton County Law Library. 46 South South Street, Wilmington — (937) 382-2428.
Alternatives to Violence Center (Clinton County). 94 N. South Street, 3rd Floor, Suite D, Wilmington — Office (937) 383-3285 · 24-hour Crisis Line 1-888-816-1146.
Ohio Legal Help. ohiolegalhelp.org — plain-language guides and form walkthroughs.

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.

Keep exploring

Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
Dayton family law — Local attorneys and courts serving the Dayton metro.
Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.

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