Emergency (Ex Parte) Custody in Fairfield County

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

Fairfield County, Ohio · Lancaster

Fairfield's DR Division grants emergency, no-notice custody orders sparingly. They are pendente lite (temporary) orders inside a pending case — not a final decision — and they require a showing of irreparable harm backed by affidavits. If an ex parte order affecting children is granted, Local Rule 8 sets a full hearing within 14 days.

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

Within a pending DR case, file Affidavit 5 (Motion and Affidavit for Temporary Orders Without Oral Hearing) with Affidavit 1, a child support worksheet, the General Motion cover, and the Personal Identifier Form. An ex parte order affecting children requires a showing of irreparable harm with supporting affidavits and must be filed together with a motion to reallocate parental rights or to modify or terminate companionship. If granted, the court sets a full hearing within 14 days under Local Rule 8, and interim magistrate orders last no more than 28 days (one 28-day extension for good cause). Print single-sided. For safety from a household or dating partner, a civil protection order may be the better tool.

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: Fairfield County Court of Common Pleas — Domestic Relations Division

Hall of Justice, 224 East Main Street, 4th Floor, Lancaster, OH 43130, Lancaster, OH 43130
Phone: (740) 652-7440
Hours: Monday-Friday 8:00 AM - 12:00 PM and 1:00 PM - 4:00 PM (closed midday)
Website: www.co.fairfield.oh.us/dr/
e-Filing: https://eservices.fairfieldcountycpcourt.org/

Juvenile Branch (Never-Married Parents)

Fairfield County Juvenile and Probate Court
Hall of Justice, 224 East Main Street, 3rd Floor, Lancaster, OH 43130, Lancaster, OH 43130
Phone: (740) 652-7463
Hours: Monday-Friday 8:00 AM - 4:00 PM

Emergency Custody is the right path if…

There is already a pending Domestic Relations case (or you are filing one at the same time).
The child faces irreparable harm right now — not a general worry.
You have specific, dated facts and supporting affidavits, not conclusions.
You need temporary custody, parenting time, or support before a full hearing can be held.

Filing Fees

Generally filed within an existing DR case — no separate complaint fee · ex parte orders affecting children get a full hearing within 14 days (Local Rule 8) · interim magistrate orders ≤28 days · single-sided only

Forms & Filing Packets

Temporary orders without oral hearing

The standard pendente lite request for temporary parenting time or support in a pending DR case.

Motion and Affidavit for Temporary Orders Without Oral Hearing (Ohio SC Affidavit 5) — Asks for temporary (pendente lite) custody, parenting time, or support in a pending DR case without a separate oral hearing. Paired with current financial affidavits.
Financial Affidavit (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign.
General Motion (Fairfield local) — Fairfield's local cover-page general motion — typically paired with the relevant Ohio SC standardized motion form.
Personal Identifier Form (Fairfield local) — Lists SSNs, DOBs, and other personal identifiers separately from the public docket — required at filing.

Ex parte order affecting children

Filed only on a showing of irreparable harm, and paired with a motion to reallocate parental rights. Triggers a full hearing within 14 days (Local Rule 8).

Motion and Affidavit for Temporary Orders Without Oral Hearing (Ohio SC Affidavit 5) — Asks for temporary (pendente lite) custody, parenting time, or support in a pending DR case without a separate oral hearing. Paired with current financial affidavits.
Motion for Change of Parental Rights (Ohio SC Form 27) — Asks the court to reallocate parental rights and responsibilities. Requires change of circumstances and best interest under R.C. 3109.04(E).
Parenting Proceeding Affidavit / UCCJEA (Ohio SC Affidavit 3) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years.

Motion to vacate the premises

Asks the court to order the other party out of the home. Needs particularized facts in a verified motion or affidavit; usually set for an oral hearing.

General Motion (Fairfield local) — Fairfield's local cover-page general motion — typically paired with the relevant Ohio SC standardized motion form.
Financial Affidavit (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own.

How to File Emergency Custody in Fairfield County

Make sure there is a pending DR case. Temporary orders live inside a pending divorce, legal separation, or custody case. If none exists, file the underlying case at the same time.
Write a fact-specific affidavit. Use Affidavit 5 with Affidavit 1. Give specific dates, observations, witnesses, and documents — not conclusions — and attach corroborating records.
Pair an ex parte custody request with the right motion. An ex parte order affecting children must be filed with a motion to reallocate parental rights or to modify/terminate companionship, and must show irreparable harm.
File single-sided with the General Motion cover and Personal Identifier Form. Include the child support worksheet when support is at issue. Print everything single-sided as Fairfield requires.
Prepare for the 14-day full hearing. If ex parte relief affecting children is granted, Local Rule 8 sets a full hearing within 14 days where the other parent responds. Bring witnesses, documents, and exhibits.

Fairfield County Practice Notes

Specificity beats severity. Vague "I'm worried" affidavits get denied. Recite specific, dated facts and attach corroboration (police reports, medical records, school reports). Local Rule 9 also requires accurate financial figures — inaccurate numbers can be sanctioned.
Ex parte relief is tightly conditioned. An ex parte order affecting children needs irreparable harm shown by affidavit AND must accompany a motion to reallocate parental rights or modify/terminate companionship. The court will not grant a custody change on a bare temporary-orders motion.
The automatic restraining order is limited. Fairfield's Standard Mutual Restraining Order takes effect when a divorce or legal separation is filed (Local Rule 9.3), but it cannot be used to obtain custody — only to prevent removing the children from Ohio or changing their school without agreement or a court order.
Consider a CPO when there is violence. If the danger comes from a household or dating partner, a Domestic Violence or Dating Violence Civil Protection Order — filed in the same DR Division with no filing fee — may give faster, broader protection.

Frequently Asked Questions

Can I get an emergency custody order the same day in Fairfield County?: Only on a showing of irreparable harm supported by affidavits. In a pending DR case, file Affidavit 5 (Motion and Affidavit for Temporary Orders Without Oral Hearing) with Affidavit 1, a child support worksheet, the General Motion cover, and the Personal Identifier Form. An ex parte order affecting children must be filed together with a motion to reallocate parental rights or to modify or terminate companionship; if granted, the court sets a full hearing within 14 days under Local Rule 8. Interim magistrate orders last no more than 28 days (one 28-day extension for good cause). Ex parte relief is discouraged and tightly conditioned — for safety from a household or dating partner, consider a civil protection order instead.
Is there an automatic restraining order when I file in Fairfield County?: Yes. The Fairfield County Standard Mutual Restraining Order goes into effect automatically the moment a DR case is filed. It restrains both parties from harassment and from disposing of assets while the case is pending. Read it carefully — it binds you the same as it binds your spouse.
Why won't the Clerk accept my paperwork?: Fairfield County Clerk will NOT accept forms printed on both sides of the paper. Every page must be single-sided. This is one of the most common reasons filings get rejected at the counter — reprint anything that's double-sided before you go in.
What time do I need to file a domestic violence petition?: DV/CPO petitions are accepted starting at 8:00 a.m. To allow enough time for paperwork, a hearing, and preparation of an order the same day, file no later than 3:00 p.m. If you file after 3:00 p.m., you may be asked to return the next business day. You must have the name, address, and date of birth of the person you are filing against. The Lighthouse, Inc. at (740) 687-6778 ext. 3027 provides free CPO advocacy (not legal advice).
What parenting-time schedule applies in Fairfield County?: Fairfield's Local Rule 17 Standard Parenting Time Order — most recently revised March 1, 2023 — applies unless the parties agree to something different in writing. The current version covers cases decided on or after March 1, 2023. A previous version covers cases decided between March 1, 2007 and February 28, 2023.

Free Local Resources in Fairfield County

Fairfield County DR Division. Hall of Justice, 224 East Main Street, 4th Floor, Lancaster, OH 43130. DR Division (740) 652-7440 · Clerk filing line (740) 652-7357 · Fax (740) 652-7399. Hon. Laura B. Smith presides; Magistrates Lora H. Cleary and Sandra S. Miller. Clerk of Courts: Branden C. Meyer.
Fairfield County e-Filing Portal. eservices.fairfieldcountycpcourt.org — the Common Pleas e-filing system for Domestic Relations cases.
Fairfield County Clerk Fee Schedule. fairfieldcountyclerk.com/filing-fees-costs.html — the official, current Clerk of Courts filing-fee schedule by case type.
Fairfield County DR Forms Hub (HTML + PDF). co.fairfield.oh.us/dr/DR-Court-Forms-FC.html — accessible HTML and printable PDF versions of every local DR form.
Fairfield County DR Local Rules. co.fairfield.oh.us/dr/FC-Local-Rules-of-Court-DR.html — including Local Rule 17 Standard Parenting Time Order.
Local Rule 17 — Standard Parenting Time Order (rev. 2023). co.fairfield.oh.us/dr/pdf/Local-Rule-17-rev-2023.03.01.pdf — current standard order.
Children In Between® (online, $25). divorce-education.com/OH/fairfield — required parent-education for parents with minor children. 24/7 online; 30-day account.
Dissolution & Divorce Document Checklist. co.fairfield.oh.us/dr/documents/Dissolution-and-Divorce-Document-Checklist.pdf — work through it before filing.
Standard Mutual Restraining Order (auto-effective on filing). co.fairfield.oh.us/dr/documents/restraining_order.pdf
Fairfield County Visitation Center. 407 East Main Street, Lancaster — supervised visitation and exchange services.
Fairfield County Juvenile & Probate Court. Hall of Justice, 224 East Main Street, 3rd Floor, Lancaster. Juvenile (740) 652-7463 · Probate (740) 652-7485. Hon. Terre L. Vandervoort (also serves as Clerk). Magistrates Michelle L. Edgar and Troy M. Sitzmann.
Juvenile Resource Center (Connexion West). 625 Garfield Avenue, Lancaster · (740) 652-7374 — diversion services, behavioral health, and youth programming.
The Lighthouse, Inc. (CPO advocacy). 136 West Main Street, 2nd Floor, Lancaster · (740) 687-6778 ext. 3027 — free CPO advocacy (not legal advice).
SEOLS Virtual Legal Clinics. 4th Tuesday of every month, 5:00–7:00 p.m. Call 844-302-1800 Mon–Fri to register.
Court Appointed Counsel Application (Ohio OPD). opd.ohio.gov/appointed-counsel/reimbursement/05-financial-disclosure-form-opd-206r
Ohio Supreme Court Standardized Forms. supremecourt.ohio.gov — Fairfield DR uses Ohio SC standardized forms alongside Fairfield locals.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
Ohio Legal Help. ohiolegalhelp.org — plain-language guides and interactive court forms.

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.

Call (380) 205-3899 or email support@gavvl.com.