Emergency Custody & Temporary Orders in Darke County

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

Darke County, Ohio · Greenville

While a divorce or legal separation is pending, you can ask the Domestic Relations Division for temporary orders — interim custody, support, possession of the home, or restraining orders. Some can be requested ex parte (without notice), but Darke County generally favors keeping the status quo and disfavors disruptive ex parte child orders. For domestic violence, a civil protection order is the right tool instead.

Can I get an emergency custody order in Darke County, Ohio?

In a pending divorce or legal-separation case, you ask the Domestic Relations Division of the Court of Common Pleas for temporary orders under Civ.R. 75 with detailed supporting affidavits (DR Local Rule 7(C)). Sometimes a child-related order can be granted ex parte, but Darke County generally disfavors disruptive ex parte relief and prefers the status quo; affidavits must describe past and current caretakers, and contested requests are usually set for hearing. Standard mutual restraining orders attach automatically to an original divorce or legal-separation action (Rule 7(J)). Temporary orders are not final — they hold the line until the case is decided. If anyone is in danger now, call 911; for domestic violence, file a civil protection order instead.

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: Darke County Court of Common Pleas, Domestic Relations Division

Darke County Courthouse, Second Floor, 504 South Broadway, Greenville, OH 45331
Phone: (937) 547-7335
Hours: Monday–Friday 8:00 a.m.–4:00 p.m.
Website: darkecountycommonpleas.com

Juvenile Branch (Never-Married Parents)

Darke County Probate/Juvenile Court, Juvenile Division
300 Garst Ave, Greenville, OH 45331
Phone: (937) 547-7350
Hours: Monday–Friday 8:00 a.m.–4:30 p.m.

Emergency Custody & Temporary Orders is the right path if…

You have a pending divorce or legal-separation case (or are filing one).
You need interim custody, support, or possession of the home while the case is open.
You can provide detailed affidavits describing the children's caretakers and your finances.
Your situation is not a domestic-violence emergency (for that, file a protection order).

Filing Fees

Temporary and emergency orders are requested inside a pending DR case, so there is no separate filing beyond any motion deposit — confirm with the Clerk at (937) 547-7335. Court fees and deposits change — confirm the current amount with the Darke County Clerk of Courts at (937) 547-7335 (Domestic Relations) or the Probate/Juvenile Court at (937) 547-7350 before filing.

Forms & Filing Packets

Standard temporary orders (the affidavit route) — Filed within the pending DR case (confirm any deposit with the Clerk)

File a motion under Civ.R. 75 with detailed supporting affidavits for temporary custody, support, or possession. Contested matters are set for hearing or a written-response deadline (often 10–14 days).

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).
Affidavit of Income, Expenses, and Financial Disclosures (Darke County) — Lists your income, expenses, and basic financial information so the court can address support and temporary orders. Each party files their own; it must be notarized.
Parenting Proceeding Affidavit (UCCJEA) (Darke County) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years and with whom, confirming Ohio's UCCJEA jurisdiction.

Emergency (ex parte) order — Filed within the pending DR case (confirm any deposit with the Clerk)

Reserved for true emergencies and generally disfavored for child orders. Your affidavit must describe past and current caretakers; the other party can move to modify and contested requests are set for 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).
Affidavit of Income, Expenses, and Financial Disclosures (Darke County) — Lists your income, expenses, and basic financial information so the court can address support and temporary orders. Each party files their own; it must be notarized.
Parenting Proceeding Affidavit (UCCJEA) (Darke County) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years and with whom, confirming Ohio's UCCJEA jurisdiction.

How to File Emergency Custody & Temporary Orders in Darke County

Confirm you have a pending case. Temporary orders are requested inside a pending divorce or legal-separation case in the Common Pleas DR Division.
Prepare detailed affidavits. Complete the income and UCCJEA affidavits; for child requests, describe each child's past and current caretakers (vague affidavits are discouraged).
File the motion under Civ.R. 75. File the motion for temporary orders with your supporting affidavits.
Expect a hearing for contested matters. Contested temporary requests are set for hearing or a written-response deadline, often 10–14 days.
Use the protection-order path for violence. If your situation involves domestic violence, file a civil protection order instead; call 911 if anyone is in danger now.

Darke County Practice Notes

Darke County favors the status quo. Ex parte child-related orders (residential placement, child support, visitation) may be granted at the court's discretion but are generally disfavored; affidavits must describe past and current caretakers, and contested requests are set for hearing (DR Local Rule 7(C)).
Mutual restraining orders attach automatically. In an original divorce or legal-separation action, standard mutual restraining orders attach automatically (Rule 7(J)) — no relocating the children out of the county, no harassment, no disposing of property, and no changing insurance or retirement beneficiaries.
Temporary orders are not final. A temporary order lasts only during the case and can be modified under Civ.R. 75; the final decree controls afterward. For domestic violence, a civil protection order is the better tool than a DR emergency order.

Frequently Asked Questions

How do temporary orders work in Darke County divorce cases?: In a pending divorce or legal separation, you ask the Domestic Relations Division for temporary orders under Civ.R. 75 with detailed supporting affidavits (DR Local Rule 7(C)). Contested temporary matters are usually set for hearing or a written-response deadline (often 10–14 days). Temporary orders are not final — they last during the case and can be modified.
Can I get an emergency (ex parte) custody order the day I file in Darke County?: Sometimes, but Darke County generally disfavors disruptive ex parte child orders and prefers the status quo. You need detailed affidavits describing past and current caretakers, and contested requests are usually set for hearing. If both parties have counsel, ex parte relief (other than mutual asset restraints) is generally not appropriate. For domestic violence, a civil protection order is the better tool.
How do I get a civil protection order in Darke County?: File a petition in the Court of Common Pleas under R.C. 3113.31; there is no filing fee for the petitioner. On a showing of immediate danger the court can issue an ex parte order, and a full hearing follows within 7 court days of the ex parte order (within 10 days if none is issued). A final order can last up to five years and can cover staying away, temporary custody, support, and firearms. If you are in danger now, call 911.
What do I have to do to relocate with my children in Darke County?: A residential parent who intends to move must file a notice of intent to relocate. In divorce and legal-separation cases, the standard mutual restraining orders also bar relocating the children out of Darke County or from their current address absent written agreement or court authorization (DR Local Rule 7(J)). The Probate/Juvenile Court publishes a Notice of Intent to Relocate form for never-married-parent cases.
Does Darke County have a separate divorce (Domestic Relations) court?: No. Divorce, dissolution, legal separation, annulment, and domestic violence protection orders are heard by the Domestic Relations Division of the Court of Common Pleas before Judge Travis L. Fliehman, with filings at the Darke County Clerk of Courts, 504 South Broadway, Greenville, (937) 547-7335. Never-married parentage, custody, parenting time, support, and non-parent custody are heard in the Probate/Juvenile Court before Judge Jason R. Aslinger, 300 Garst Ave, Greenville, (937) 547-7350.

Free Local Resources in Darke County

Darke County Clerk of Courts (Domestic Relations). Current filing fees, deposits, and case filing for divorce, dissolution, legal separation, annulment, and post-decree matters. File at the Darke County Courthouse, Second Floor, 504 South Broadway, Greenville; Clerk Cindy Pike, (937) 547-7335. The yellow Questionnaire is required with every DR complaint. Local court rules are at https://darkecountycommonpleas.com/wp-content/uploads/2026/02/Local-Rules-effective-February-1-2026.pdf and downloadable DR forms are at https://darkecountycommonpleas.com/court-forms/.
Darke County Probate/Juvenile Court. Handles never-married-parent parentage, custody, parenting time, and support, plus non-parent custody, abuse/neglect/dependency, and adoption. 300 Garst Ave, Greenville; Juvenile (937) 547-7350, Probate (937) 547-7345; Judge Jason R. Aslinger presides. Self-help forms and the Pro-Se Filing Packet are at https://www.darkeprobatejuvenile.org/juvForms.php.
Darke County Child Support Enforcement Agency (CSEA). Opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, pays through the state, and can review or enforce existing orders. 631 Wagner Ave, Greenville; (937) 548-4132 option 4 or (800) 501-5635.
Darke County Children Services (report child abuse). To report suspected child abuse or neglect, call Darke County JFS Child Protective Services at (937) 548-4132 Option 5; after hours (937) 548-2020; statewide hotline 1-855-642-4453. In an emergency, call 911.
Parenting seminar — "Helping Children Succeed After Divorce" (OSU Extension). The court-approved parenting seminar required in DR cases with minor children (DR Local Rule 7(G)); about $45 per person. Register at https://scponline.osu.edu/.
Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes 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.

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Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
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