Emergency Custody in Fayette County

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

Fayette County, Ohio · Washington Court House

When a child faces immediate danger, the court can act quickly through emergency (ex parte) temporary orders. Where you file depends on the parents: a divorce/dissolution uses the General & Domestic Relations Division (Civ.R. 75(N)); never-married parents use the Probate-Juvenile Court. If there is violence or threats, a protection order may be the faster tool.

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

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How do I get an emergency custody order in Fayette County?

File a motion for emergency (ex parte) temporary orders with an affidavit describing the specific, immediate danger to the child. In a divorce or dissolution, file in the General & Domestic Relations Division under Civ.R. 75(N); for never-married parents, file in the Probate-Juvenile Court (a $100 deposit) with a parenting affidavit. If granted, the court issues temporary orders right away and sets a prompt follow-up hearing. Where there is domestic violence, a civil protection order — which has no petitioner filing fee — may be the better path.

When a Fayette County child is at risk, call Gavvl Law

Emergency custody moves faster than an ordinary case: with a sworn affidavit describing a specific, immediate danger, the court can issue ex parte temporary orders and then set a prompt follow-up hearing. In a divorce or dissolution that request goes to the General & Domestic Relations Division under Civ.R. 75(N); for never-married parents it goes to the Probate-Juvenile Court on a $100 deposit. Gavvl Law drafts the affidavit, files in the correct court immediately, and offers full representation for the contested hearing that follows.

An affidavit specific enough to move a judge. Ex parte relief lives or dies on the facts you swear to, so we build an affidavit of specific, recent events showing immediate risk to the child — not vague conflict. That is what persuades the court to enter temporary orders before the other parent is even heard.
Filed in the right division without delay. A married-case emergency uses a motion for temporary orders under Civ.R. 75(N) inside the Domestic Relations case; a never-married emergency opens in the Probate-Juvenile Court with a parenting affidavit on a $100 deposit. We know which counter to reach in Washington Court House so no time is lost sorting out jurisdiction.
Protection order when there's violence. If the danger is violence or threats, a civil protection order — which has no filing fee for the person seeking protection, with help from the Prosecutor's Victim Witness Division — is often the faster shield. We tell you which tool fits and stand with you at the follow-up hearing under a fee arranged up front.

In a genuine emergency, the difference between the 3rd-floor Domestic Relations Division and the 2nd-floor Probate-Juvenile Court is the difference between same-week temporary orders and a filing sent back to start over. Because we handle both Fayette family divisions, we can carry your affidavit to the right court the moment it is ready and be there when the case is heard.

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.

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: Fayette County Court of Common Pleas — General & Domestic Relations Division

110 East Court Street, 3rd Floor, Washington Court House, OH 43160
Phone: (740) 335-4750
Hours: Monday–Friday
Website: Court website
e-Filing: Online e-filing portal

Juvenile Branch (Never-Married Parents)

Fayette County Probate-Juvenile Court
110 East Court Street, 2nd Floor, Washington Court House, OH 43160
Phone: (740) 335-0640
Hours: Monday–Friday

Emergency Custody is the right path if…

Your child faces an immediate risk of harm or removal from Ohio.
You need the court to act before a normal hearing can be scheduled.
You can describe specific, recent facts showing the danger.
You have or are opening a custody case in the right court.

Filing Fees

Domestic Relations emergency relief is requested within the divorce/dissolution case (Civ.R. 75(N)). Probate-Juvenile Court emergency custody $100 deposit. A civil protection order has no petitioner filing fee · confirm current amounts with the court

Forms & Filing Packets

Emergency temporary orders in a divorce/dissolution

File a motion for temporary orders under Civ.R. 75(N) with a supporting affidavit; the Domestic Relations court can rule quickly and set a follow-up 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 (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.

Emergency custody for never-married parents (Probate-Juvenile Court) — $100 deposit (Probate-Juvenile Court)

File an emergency custody motion in the Probate-Juvenile Court with a parenting affidavit describing the danger; a new matter is a $100 deposit.

Probate-Juvenile Court Page (Fayette County) — The combined Probate-Juvenile Court page (Judge Mary E. King, 2nd Floor, (740) 335-0640), where unmarried-parent custody, support, visitation, and parentage are filed; all new juvenile family matters are a $100 deposit.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.
Juvenile Self-Help Custody Information (Fayette County) — Fayette County Probate-Juvenile Court self-help information for unmarried parents and non-parents seeking custody, parenting time, or support (Judge Mary E. King, 2nd Floor).

Protection-order route

If the emergency involves violence or threats, file a civil protection order on the Domestic Relations side (no petitioner filing fee); the Prosecutor's Victim Witness Division can help.

Domestic Relations Court Page (Fayette County) — The General & Domestic Relations Division's page (Judge David B. Bender), where divorce, dissolution, legal separation, and annulment are heard at 110 East Court Street, 3rd Floor, Washington Court House.

How to File Emergency Custody in Fayette County

Document the danger. Write an affidavit describing the specific, recent facts that show your child faces immediate harm.
File in the right court. File in the General & Domestic Relations Division (Civ.R. 75(N)) if the parents are in a divorce/dissolution, or the Probate-Juvenile Court if they were never married.
Consider a protection order. If there is violence or threats, file a civil protection order on the Domestic Relations side; there is no petitioner filing fee and the Victim Witness Division can help.
Attend the follow-up hearing. Ex parte orders are temporary; the court sets a prompt hearing where both sides are heard before longer-term orders issue.

Fayette County Practice Notes

Never-married parents file in the Probate-Juvenile Court. If the parents were never married, custody, parenting time, support, and parentage are decided by the separate combined Probate-Juvenile Court under Judge Mary E. King, 110 East Court Street, 2nd Floor, (740) 335-0640 — not the Domestic Relations Division. The Juvenile deposit for a new custody, support, visitation, or paternity matter is $100, not the Domestic Relations fee schedule.
Protection orders have no petitioner filing fee. A civil protection order is filed on the General & Domestic Relations Division side, and there is no filing fee for the person seeking protection. Fayette County directs petitioners to the Prosecutor's Victim Witness Division for help determining eligibility and preparing the petition. A respondent's motion on a CPO carries a $100 deposit.
Divorce is heard by the General & Domestic Relations Division. Divorce, dissolution, legal separation, and annulment are heard by the General & Domestic Relations Division of the Fayette County Court of Common Pleas under Judge David B. Bender, 110 East Court Street, 3rd Floor, Washington Court House. The Division shares the General Division's judge, clerk, local rules, and fee schedule. File through the Clerk of Courts, (740) 335-6371; the Division can be reached at (740) 335-4750, option #6.

Frequently Asked Questions

How do I get an emergency custody order in Fayette County?: When a child faces immediate risk, you can ask for emergency (ex parte) temporary orders — in the Domestic Relations case if it arises in a divorce/dissolution (Civ.R. 75(N)), or in the Probate-Juvenile Court if the parents were never married. Bring an affidavit describing the specific danger. The court can issue temporary orders quickly and set a prompt follow-up hearing. If there is violence or threats, a protection order (no petitioner filing fee) may be the better tool.
How do I get a protection order in Fayette County, and does it cost anything?: File a civil protection order on the General & Domestic Relations Division side — there is no filing fee for the person seeking protection. Fayette County directs petitioners to the Prosecutor's Victim Witness Division for help determining eligibility and preparing the petition. A respondent's motion on a CPO carries a $100 deposit.
Who hears custody if the parents were never married in Fayette County?: The Juvenile Division of the Fayette County Probate-Juvenile Court (Judge Mary E. King), at 110 East Court Street, 2nd Floor, (740) 335-0640 — not the Domestic Relations Division. The Juvenile Division handles unmarried-parent custody, support, visitation, parentage, and non-parent custody. New juvenile family matters are a $100 deposit.
How much does it cost to start a custody or paternity case in Fayette County?: In the Probate-Juvenile Court, all new custody, child-support, visitation, and paternity matters are a $100 deposit. A fee waiver is available with an Affidavit of Poverty. Confirm current amounts with the Probate-Juvenile Court at (740) 335-0640.

Free Local Resources in Fayette County

Fayette County Clerk of Courts (Domestic Relations). Current filing fees, deposit amounts, and case filing for divorce ($400), dissolution ($350), legal separation, annulment, and post-decree motions ($200). Clerk of Courts, 3rd Floor, 110 East Court Street, Washington Court House; (740) 335-6371; https://courts.fayette-co-oh.com/. Attorneys must e-file via Henschen (https://www.fayette-co-oh.com/341/eFiling-Henschen); pro se filers are exempt.
Fayette County Probate-Juvenile Court. Judge Mary E. King, 2nd Floor, (740) 335-0640. Handles never-married-parent custody, parenting time, support, and parentage, plus non-parent custody, and runs a mediation program (Local Rule 18). All new juvenile family matters are a $100 deposit. There is no e-filing. Self-help: https://www.fayette-co-oh.com/269/Juvenile-Court.
Fayette County Child Support Enforcement Agency (CSEA). Arranges genetic testing, opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, and reviews existing orders. Contact (740) 335-0745.
Prosecutor's Victim Witness Division. Fayette County directs people seeking a civil protection order to the Prosecutor's Victim Witness Division for help determining eligibility and preparing the petition. There is no filing fee for the person seeking protection.
Triple P (Positive Parenting Program) Online. Fayette County promotes Triple P Online as a free parent/caregiver resource: https://octf.ohio.gov/what-we-do/statewide-initiatives/triple-p-online. A parenting class is not a standard DR requirement, but the court may order one case by case.
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.

More Fayette County family-law resources

Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
Columbus family law — Local attorneys and courts serving the Columbus metro.
Fayette County family law guide — Court info, local filing notes, FAQs, and the downloadable Fayette County guide.
Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
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