Emergency (Ex Parte) Custody in Franklin County

Franklin County, Ohio · Columbus

Emergency ex parte custody is the rare order a court can grant without notice to the other parent. Franklin courts use it sparingly — only when a child faces immediate danger or imminent harm. The court then schedules a full hearing within 14 days where the other parent can respond.

When will a Franklin County court grant emergency custody?

Emergency ex parte temporary custody is granted only when a child faces immediate danger or risk of imminent harm — for example, substance abuse putting the child at risk, domestic violence, an unsafe living situation, or a parent's arrest with no available caregiver. The supporting affidavit must show specific facts, not conclusions. File at the Franklin County Juvenile Branch at 399 South Front Street (never-married parents) or DR at 373 South High Street (married/divorcing parents). The court can grant the order the same day, then schedules a full hearing within 14 days where the other parent gets to respond.

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

373 South High Street, 4th Floor, Columbus, OH 43215, Columbus, OH 43215
Phone: (614) 525-3922
Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.
Website: drj.fccourts.org
e-Filing: https://efiling.franklincountyohio.gov/

Juvenile Branch (Never-Married Parents)

Franklin County Court of Common Pleas — Juvenile Branch
399 South Front Street, Columbus, OH 43215, Columbus, OH 43215
Phone: (614) 525-3902
Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.

Emergency Custody is the right path if…

  • The child faces immediate danger or imminent risk of harm RIGHT NOW.
  • You have specific facts — dates, witnesses, documents, photos — not just suspicions.
  • Waiting for the other parent to be served and respond would put the child at risk.
  • You can identify a safe placement (you, a relative, or temporary foster).

Filing Fees

Standard Juvenile filing deposit ~$100-$150 · No additional ex parte fee · Indigency waivers available

Forms & Filing Packets

Emergency motion — Juvenile Branch (never-married)

Filed at 399 South Front Street. The Juvenile Court has emergency jurisdiction whenever a child in Franklin County is at risk.

Emergency motion — Domestic Relations (married/divorcing)

Filed at 373 South High Street, typically inside an existing or contemporaneously filed divorce.

  • Emergency Ex Parte Motion for Temporary Custody — Used when a child is in immediate danger or risk of imminent harm. Requires a sworn affidavit detailing specific facts. The court can grant temporary custody without notice to the other party, then schedules a full hearing within 14 days. Tip: Ex parte relief is the exception, not the rule. The supporting affidavit must show why notice cannot wait.
  • Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
  • Motion and Affidavit for Temporary Orders — Asks the Magistrate for temporary spousal/child support, parenting time, exclusive use of the home, and bill responsibility while your case is pending. In Franklin, the Magistrate usually decides on the affidavits without an oral hearing. Tip: Attach current Affidavits of Property and Income/Expenses — Franklin DR routinely denies bare-bones motions.

Add: Emergency motion to modify existing order

If a custody order already exists, file the emergency motion in the issuing court alongside a Motion to Modify.

How to File Emergency Custody in Franklin County

  1. Stabilize the child first. Move the child to a safe place. Document the conditions (photos, witness names). If immediate physical danger, call 911 first — court filings second.
  2. Write a fact-specific affidavit. Specific dates, observations, witnesses, and documents. Avoid conclusions and opinions. Attach corroborating documents (police reports, medical records, school reports).
  3. File the emergency motion in the right court. Never-married: Juvenile Branch at 399 South Front Street. Married/divorcing: DR at 373 South High Street. Bring the motion, affidavit, proposed order, and supporting documents in person — emergency motions are not best e-filed.
  4. Be present at the same-day review. A Judge or Magistrate will read the affidavit, may ask questions, and decide on the ex parte order. If granted, the order is effective immediately and the other parent will be served.
  5. Prepare for the 14-day full hearing. Other parent will appear and respond. Bring all witnesses, documents, and exhibits. The court can continue, modify, or vacate the ex parte order.

Franklin County Practice Notes

  • Specificity beats severity. Magistrates and Judges see vague "I'm worried about my child" affidavits constantly. The successful ones recite specific dated facts: "On June 14, the child told me X. On June 16, I observed Y. On June 18, the school nurse reported Z." Conclusions get denied; facts get granted.
  • 14-day full hearing follow-up. If ex parte relief is granted, the court sets a full hearing within 14 days. The other parent must be served and gets to present their side. Be ready with evidence, witnesses, and documents.
  • Concurrent CPO if domestic violence. If the danger involves an intimate partner or family member, file a Civil Protection Order petition at the same time. CPOs and emergency custody motions are commonly paired.
  • Mandatory child-abuse reporting. If the danger involves abuse or neglect, you may also have a duty (or right) to report to Franklin County Children Services. The agency's involvement can change the court's options.

Frequently Asked Questions

How much does it cost to file in Franklin County DR?
Approximate deposits: divorce or legal separation $300 without children / $350 with children; dissolution $250 without children / $300 with children; annulment $300/$350. Juvenile Branch filings (paternity, never-married custody, child support, modifications) are typically $100-$150. Confirm current amounts with the Clerk at 373 South High Street (DR) or 399 South Front Street (Juvenile) before filing.
How long does the case usually take?
Dissolution: 30-90 days from filing to the final hearing. Uncontested divorce or legal separation: 4-6 months. Contested divorce: 6-18 months depending on temporary-orders activity and the Magistrate's calendar. Paternity: 60-120 days if uncontested, longer if genetic testing or contested allocation is involved. Civil Protection Orders: ex parte order the same day; full hearing within 7-10 days; final order can last up to 5 years.
When will the court grant emergency (ex parte) custody?
Emergency ex parte temporary custody is granted only when a child faces immediate danger or risk of imminent harm — for example, substance abuse putting the child at risk, domestic violence, a parent's arrest with no caregiver, or an unsafe living situation. The supporting affidavit must show specific facts (not conclusions) and explain why notice to the other parent cannot wait. The court then sets a full hearing within 14 days.
How do I know whether to file in DR or the Juvenile Branch?
If you are married to the other parent (or the parties were married when the children were born), custody, parenting time, and child support travel with the divorce / dissolution / legal separation / annulment in DR at 373 South High Street. If you were never married, paternity and custody go to the Juvenile Branch at 399 South Front Street. Grandparent / non-parent custody is always Juvenile. Civil Protection Orders against a current/former intimate partner or family member go to DR.
Will my case be heard by a Judge or a Magistrate?
Most pretrial conferences, temporary-orders motions, and even contested final hearings in Franklin DR are heard by a Magistrate. The Magistrate issues a Magistrate's Decision; either party then has 14 days to file Objections, which are decided by the assigned Judge. Civil Protection Order full hearings are heard directly by the assigned Judge.
Is a Civil Protection Order the same as criminal charges?
No. A CPO is civil — it orders the respondent to stay away, surrender weapons, and (when needed) leave the residence, but it is not a criminal conviction. Violating a CPO is a separate criminal offense. You can have both a CPO and pending criminal charges; the cases run in parallel.
When can I modify a parenting or support order?
For custody / residential-parent designation under R.C. 3109.04(E), you must show a change of circumstances of the child or residential parent since the prior decree, and that modification is in the child's best interest, and that the harm of changing is outweighed by the benefits. For child support, you can request a CSEA administrative review every 36 months, or earlier on a 10%+ deviation. For parenting time, the bar is lower — best-interest only.

Free Local Resources in Franklin County

  • Franklin County DR Self-Help Resource Center. 373 South High Street. Forms, computer terminals, limited procedural help. Cannot give legal advice. Mon–Fri during court hours.
  • Legal Aid Society of Columbus. (614) 241-2001. Income-qualified family law representation and advice clinics across central Ohio.
  • Columbus Bar Lawyer Referral Service. (614) 221-0754. Paid 30-minute consultation referrals to vetted Franklin County family-law attorneys.
  • Franklin County CSEA (Child Support Enforcement Agency). (614) 525-3275. Opens IV-D cases and collects/distributes child support through wage withholding.
  • Franklin County Juvenile Branch Help Center. 399 South Front Street. Procedural help for self-represented filers on never-married custody, paternity, and support cases.

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