Clinton County Emergency Custody Attorneys

Hire Gavvl for your Clinton County emergency custody case

Flat-fee and full-representation options: we handle the filings, the Clinton County local forms, the court strategy, and the hearings — and you know the price before we start.

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Clinton County emergency & temporary custody, handled by Gavvl Law

While a Clinton County divorce or parental-rights case is pending, either party can ask the General Division for temporary orders — short-term decisions on parenting time, temporary custody, support, and use of the home — with a Civ. R. 75 Motion & Affidavit and a proposed Rule 75N Order. Affidavit 5 supports a request decided without an oral hearing, and never-married parents seek emergency custody in the Juvenile Court at (937) 382-2391. For immediate danger from abuse, a civil protection order is the faster track. Gavvl Law moves on the right one fast.

• Choosing the right emergency track. For interim stability inside a pending divorce, Rule 75 temporary orders are the tool; for immediate danger from abuse, a civil protection order can grant same-day ex parte relief. We tell you honestly which track fits your facts so you are not filing the slower motion when safety is on the line.
• Winning on the affidavits. Rule 75 temporary orders are often decided on the papers, so accurate filings matter — we attach a current Affidavit 1 (income and expenses) and Affidavit 3 (UCCJEA) with the motion and proposed Rule 75N Order so the court can rule on parenting time and support without delay.
• Protecting your right to a hearing. If the court enters a magistrate's temporary order on the affidavits and you disagree, a party may request an oral hearing within 14 days under Civ. R. 75(N)(2), which the Assignment Commissioner then schedules. We calendar that deadline and file the request so the ruling is not the last word.

At the time a Clinton County divorce is filed, an automatic Mutual Restraining Order issues under Appendix 6 of the DR Local Rules — separate from Rule 75 — to keep both parties from disposing of assets or harassing each other, and we use it alongside temporary orders. A Motion Requiring Service costs $20, or $50 if the Sheriff serves it, and we handle that filing so nothing stalls interim relief.

Flat-fee options

Flat fee: we prepare and file the ex parte emergency custody motion and the underlying custody motion, and represent you at both the ex parte and full emergency hearings.

• Ex parte emergency custody (motion + hearings): $3,500

Prefer full representation? An Ohio attorney can carry the entire case on a $3,500 retainer.

Split any flat fee with Gavvl Direct — our in-house plan at 19% APR, $500 minimum — on a 60%-down schedule of 18 weekly, 8 bi-weekly, or 4 monthly payments. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.

Start your emergency custody case or see payment plans & financing.

Where to File: Clinton County Court of Common Pleas (Domestic Relations)

Juvenile Branch (Never-Married Parents)

Clinton County Juvenile Court
46 South South Street, 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

How to File Emergency Custody in Clinton County

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 Appendix 6 of the DR Local Rules, 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 Appendix 6 of the DR Local Rules. 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.

Other Family-Law Topics in Clinton County

• Clinton County Dissolution — $300 without children / $400 with — mandatory e-filing.
• Clinton County Divorce — Ohio SC standardized forms plus the local Case Designation and Personal Identifier forms.
• Clinton County Legal Separation — Same forms as divorce — marriage stays legally intact at the end.
• Clinton County Annulment — Limited grounds under R.C. 3105.31 — treats the marriage as if it never happened.
• Clinton County Post-Decree Modifications — Change child support, custody, or parenting time after the decree.
• Clinton County Post-Decree Contempt — Enforce an order the other party is violating.

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.

Continue your Clinton County research

• Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
• Dayton family law — Local attorneys and courts serving the Dayton metro.
• Clinton County family law guide — Court info, local filing notes, FAQs, and the downloadable Clinton County guide.
• Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.