Emergency Custody in Delaware County

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

File an emergency ex parte motion in your existing or new DR case at the Delaware County DR Division, 117 N. Union Street, Level 400, Delaware, OH 43015 (Local Rule 2.10), supported by the Affidavit for Temporary Orders Without Oral Hearing (Uniform DR Affidavit 5) and the Parenting Proceeding Affidavit (Affidavit 3). Emergency motions address urgent children's issues — removal from a parent, school enrollment, or threats to health, safety, and welfare — and the court allots a 20-minute hearing per party. If the emergency involves abuse, neglect, or dependency, the Delaware County Juvenile Court handles it. If there is also domestic violence, file a civil protection order, which can be heard the same day.

Where to File: Delaware County Court of Common Pleas, Domestic Relations Division

Juvenile Branch (Never-Married Parents)

Delaware County Juvenile Court
145 N. Union Street, Delaware, OH 43015, Delaware, OH 43015
Phone: (740) 833-2600
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Emergency Custody is the right path if…

• A child faces an immediate threat to health, safety, or welfare.
• You need the court to act before a regular hearing can be scheduled.
• There's an urgent dispute over removal or school enrollment.
• You can document the emergency in a sworn affidavit.

Filing Fees

Emergency motions filed within an existing DR case · CPO petitions are exempt from filing fees (Local Rule 4.01)

Forms & Filing Packets

How to File Emergency Custody in Delaware County

1. Assess the immediate risk. Confirm there is a genuine threat to the child's health, safety, or welfare that can't wait for a normal hearing.
2. Prepare a focused sworn affidavit. Use Affidavit 5 and the Parenting Proceeding Affidavit to state exactly what is happening and why it's urgent.
3. File the emergency motion. File in your existing or new DR case at 117 N. Union Street under Local Rule 2.10; if there's domestic violence, file a CPO at the Clerk's office instead.
4. Attend the expedited hearing. Be ready for a 20-minute hearing per party (or a same-day CPO ex parte hearing if filed before 2:30 p.m.).

Delaware County Practice Notes

• Emergencies move fast and are tightly limited. Local Rule 2.10 reserves emergency ex parte relief for genuine threats to a child's health, safety, or welfare and for urgent removal or school-enrollment disputes. Each party gets a 20-minute hearing, so come prepared with focused, sworn proof.
• Choose the right court for the emergency. Parenting emergencies inside a DR case go to the DR Division. Abuse, neglect, and dependency emergencies are Juvenile Court matters at 145 N. Union Street. Domestic-violence emergencies go through a civil protection order.
• Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.

Frequently Asked Questions

How do temporary orders work in Delaware County?

Under Local Rule 9, temporary-orders motions are considered 14 days after service and are generally decided on the filed affidavits (capped at 10 pages without prior approval). If a Civ.R. 75 oral hearing is held, each party is allotted 20 minutes and initial discovery must be exchanged first. File the Affidavit for Temporary Orders Without Oral Hearing (Uniform DR Affidavit 5) to request support, parenting time, or use of the home now.

How fast can I get a protection order in Delaware County?

If you file a Petition for a Domestic Violence Civil Protection Order (Ohio Supreme Court Form 10.01-D) at the Delaware County Clerk of Courts before 2:30 p.m., the ex parte hearing is held the same day; petitions filed after 2:30 p.m. are heard the next business day. If an ex parte order is granted, the full hearing is set within 7 court days when the respondent is ordered to vacate a shared residence, or within 10 court days otherwise. A final CPO can last up to 5 years (Local Rule 15).

How long does a Delaware County case usually take?

Dissolution: 30–90 days — Local Rule 7.03 sets the final hearing between 30 and 90 days after filing. Uncontested (default) divorce: roughly 4–6 months, with the uncontested final hearing held at least 42 days after service is completed (Local Rule 8.01). Contested divorce: 6–18 months depending on discovery, custody disputes, and trial scheduling.

Do never-married parents file custody in Domestic Relations or Juvenile Court in Delaware County?

In Delaware County, parentage and the allocation of parental rights for never-married parents are handled by the Domestic Relations Division (Local Rule 16; file the Complaint for Parentage/Allocation/Parenting Time, Uniform DR Form 23) — not the Juvenile Court. Married or divorcing parents resolve custody inside their divorce or dissolution in the same DR Division at 117 N. Union Street. Non-parent and grandparent custody petitions go to the Delaware County Juvenile Court at 145 N. Union Street.

Free Local Resources in Delaware County

• Delaware County DR Court Forms Page. Every Domestic Relations form, the case-type ZIP packets (divorce, dissolution, parentage, modification, CPO), and the filing checklists are posted free at domestic.co.delaware.oh.us/forms.
• Delaware County DR Virtual Resource Center. The DR Division's self-help hub links the general-information pages, FAQs, common-terms glossary, the For the Children parenting seminar, and the Co-Parenting Program at domestic.co.delaware.oh.us/virtual-resource-center.
• Delaware County eAccess / E-Services Portal. Self-represented and represented parties can e-file and check dockets at court.co.delaware.oh.us/eservices. Payment is processed through LexisNexis — confirm the amount before authorizing.

Other Family-Law Topics in Delaware County

• Delaware County Divorce — Contested and default divorce filing guide for the DR Division.
• Delaware County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
• Delaware County Custody — Married parents file inside divorce; never-married parents file parentage in the DR Division.

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.
• Columbus family law — Local attorneys and courts serving the Columbus 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.