Emergency Custody in Ohio: When Anyone Can Ask the Court to Step In

When a child is in immediate danger, Ohio courts allow fast action—but only under very specific circumstances. Emergency custody exists to protect children from imminent harm, not to resolve ordinary parenting disputes or accelerate custody cases.

Importantly, Ohio law does not limit emergency custody filings to parents. In certain situations, any person may ask the court to intervene if they believe a child faces immediate risk. However, the legal standard remains high, and courts carefully scrutinize these requests.

Understanding when emergency custody is appropriate, how the process works, and what evidence is required can help prevent delays—or worse, denial—when time matters most.

What Is Emergency Custody in Ohio?

Emergency custody is a temporary court order that immediately changes a child’s custody or placement when waiting for a standard hearing would place the child at risk. Courts typically consider these requests on an ex parte basis, meaning the other party may not be present initially.

Because emergency custody disrupts existing parental rights or custodial arrangements, Ohio courts treat it as extraordinary relief, not routine procedure.

Who Can File for Emergency Custody?

Under Ohio law, any person may file a request for emergency custody if they allege facts showing a child is in immediate danger.

This may include:

• A parent

• A relative

• A non-parent caregiver

• Another concerned adult

However, filing does not guarantee relief. The court will focus on the child’s safety, not the relationship between the filer and the child. The burden remains on the filing party to present credible, specific evidence of an emergency, and the requirements to file for emergency often vary by county.

What Constitutes an Emergency?

Courts reserve emergency custody for situations involving imminent risk of serious harm. Common examples include:

• Physical abuse or credible threats of violence

• Severe neglect

• Exposure to domestic violence

• Active substance abuse affecting caregiving

• Unsafe or uninhabitable living conditions

• Abandonment

• Risk of immediate removal from the state

By contrast, courts generally do not consider the following emergencies:

• Parenting style disagreements

• Missed parenting time

• Communication problems

• School or extracurricular disputes

• Allegations without recent or specific facts

Child Protective Services (CPS) may or may not be involved in emergency cases.

The Required Underlying Motion

Emergency custody in Ohio cannot stand alone.

The filing party must also file an underlying custody-related motion, such as:

• A Motion to Allocate Parental Rights and Responsibilities

• A Motion for Legal Custody (common in juvenile court)

• A Motion to Modify Custody (if a prior order exists)

The emergency request is temporary and tied to this underlying motion, which will be addressed separately at a later hearing.

Where Emergency Custody Is Filed

Emergency custody must be filed in the court with jurisdiction over custody.

This is typically:

• Domestic Relations Court if custody arose from a divorce or dissolution

• Juvenile Court if the parents were never married or custody was previously determined there

• The Juvenile Court where the child lives if there is no existing custody or parenting time order

Filing in the wrong court can delay or defeat an emergency request.

The Ex Parte Emergency Hearing

Emergency custody requests are often reviewed ex parte, meaning only the filing party appears initially.

At this stage, the court usually relies on:

• The written motion

• Sworn affidavits

• Attached exhibits

The judge or magistrate may ask clarifying questions but typically does not hear live witness testimony. Because the other party is not present, courts require clear, detailed, and recent allegations, not speculation.

Evidence the Court Looks For

Emergency custody hinges on evidence. Courts expect specific facts, supported by documentation whenever possible.

Common evidence includes:

• Sworn affidavits

• Police reports

• CPS or child protective services records

• Medical records or photographs

• Text messages, emails, or voicemails

• School or daycare reports

General concerns or conclusory statements rarely justify emergency relief.

Can a Child Testify at an Emergency Hearing?

In most cases, children do not testify at emergency ex parte hearings.

Ohio courts generally avoid placing children in that position, especially on short notice. If the court needs the child’s input, it may instead:

• Conduct an in camera interview at a later hearing

• Appoint a guardian ad litem (GAL)

• Rely on statements reported through professionals

Temporary Orders and How Long They Last

If emergency custody is granted, the order is temporary.

Typically, the order remains in effect:

• Until the court holds a full hearing on the emergency motion, or

• Until the court modifies or dissolves the order

Importantly, the underlying custody motion is heard separately. Emergency custody does not decide permanent custody.

Emergency Custody Is Serious—and Courts Treat It That Way

Because emergency custody can immediately limit parental rights, courts expect honesty, urgency, and strong evidence. Filing without sufficient grounds can damage credibility and affect future proceedings.

For that reason, legal guidance matters—especially when time is short and the stakes are high.

Need Help With an Emergency Custody Matter in Ohio?

At Gavvl Law, we help individuals across Ohio understand when emergency custody is appropriate, how to file correctly, and what evidence courts require. Whether you are a parent, relative, or concerned caregiver, acting quickly—and correctly—can make all the difference.

Contact Gavvl Law today at 380-205-3997 or schedule a consultation now to discuss your situation and understand your options under Ohio law.