Emergency & Temporary Custody Orders in Fulton County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 17, 2026

Fulton County, Ohio · Wauseon

When a child's safety or a family's financial stability cannot wait for a full hearing, a Fulton County court can issue temporary orders — and, in genuinely urgent situations, ex parte orders made without first hearing from the other side. How that works depends on the docket. In a pending divorce, legal separation, or annulment, the General Division follows DR Rule 10.04. In a never-married custody case, the Juvenile Division follows Juvenile Rule 17, which sharply limits when an ex parte allocation order can issue. For domestic violence between household members, the dedicated remedy is a DVCPO. All of these are filed at 210 S. Fulton Street in Wauseon.

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

It depends on your case type. In a pending divorce, legal separation, or annulment, file a motion for temporary orders with an ex parte request under DR Rule 10.04 — it must include an affidavit stating the exigent circumstances and a statement of efforts to notify the other party (or why notice should not be required). If granted, the ex parte order must tell the other party in bold print that they may request a hearing and have a right to counsel; the court sets a hearing within 10 days if the enjoined party requests one, or otherwise within 3 weeks of service. Note that a mutual preliminary injunction (Court Order No. 1) already issues automatically at the start of every divorce/legal-separation/annulment. In a never-married case, the Juvenile Division grants NO ex parte allocation orders except on a JFS abuse/neglect/dependency complaint or a verified showing of extraordinary circumstances supported by affidavit and the investigator's writing (Juvenile Rule 17). If a child is in immediate physical danger, call 911 first and file second; Fulton does not stock paper forms, so download everything from supremecourt.ohio.gov.

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: Fulton County Court of Common Pleas (General Division)

210 S. Fulton Street, Wauseon, OH 43567
Phone: (419) 337-9260
Hours: Monday-Friday 8:30 AM - 4:30 PM
Website: www.fultoncountyoh.com/231/Records-Search

Juvenile Branch (Never-Married Parents)

Fulton County Juvenile Division
210 S. Fulton Street, Wauseon, OH 43567
Phone: (419) 337-9242
Hours: Monday-Friday 8:30 AM - 4:30 PM (closed daily 12:00-1:00 PM)

Emergency Custody is the right path if…

A child is in genuine, immediate danger or a parent has wrongfully withheld or removed the child.
You can describe the exigent circumstances with specific facts in a sworn affidavit.
You already have (or are filing) a divorce, legal separation, annulment, or juvenile custody case.
You understand that an ex parte order is temporary and a prompt hearing follows where the other parent responds.

Filing Fees

DR temporary orders: filing fees in Appendix B (confirm with Clerk) · Juvenile ex parte limited to JFS complaints or verified extraordinary circumstances · DVCPO: no filing fee · No paper forms at courthouse

Forms & Filing Packets

Pending divorce / legal separation / annulment — DR Rule 10.04

File a motion for temporary orders with an ex parte request supported by an affidavit of exigent circumstances and a counsel-notice statement. The court sets a hearing within 10 days if requested by the enjoined party, otherwise within 3 weeks of service. Court Order No. 1 (mutual preliminary injunction) already applies automatically.

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 Affidavit 1 (Financial) and Affidavit 2 (Property).
Financial Affidavit (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own.
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.
Court Order No. 1 — Mutual Preliminary Injunction (Fulton local) — Fulton's local mutual preliminary injunction that issues automatically at the start of every divorce, legal separation, or annulment under DR Rule 10.04A — it restrains both spouses from dissipating assets, harassing each other, or removing the children from Ohio while the case is pending.

Never-married parents — Juvenile Rule 17 (limited ex parte)

The Juvenile Division grants no ex parte allocation orders except on a JFS abuse/neglect/dependency complaint or a verified showing of extraordinary circumstances supported by affidavit and an investigator's writing. Otherwise the court acts at the Initial Hearing set on at least 3 days' notice.

Complaint for Custody / Allocation of Parental Rights (Ohio SC Juvenile Form) — Opens a custody case in the Fulton County Juvenile Division. A non-parent must plead facts showing the parents are unsuitable or have relinquished custody.
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.

Domestic violence between household members — DVCPO

If the emergency involves domestic violence by a family or household member, the dedicated remedy is a Domestic Violence Civil Protection Order, which can grant same-day or prompt ex parte temporary custody and stay-away terms with no filing fee.

Petition for Domestic Violence Civil Protection Order (Ohio SC Form 10.01-D) — Standardized DV CPO petition filed in the General Division. No filing fee for the petitioner (R.C. 3113.31).

How to File Emergency Custody in Fulton County

Make the child safe first. If there is immediate physical danger, call 911 before anything else. Move the child to safety and document conditions (photos, dates, witness names).
Write a fact-specific affidavit. State the exigent circumstances with specific facts, dates, and witnesses. In a DR case, add counsel's statement of efforts to notify the other party (DR Rule 10.04). Avoid opinions and conclusions.
File in the right division in Wauseon. Married/divorcing → motion for temporary orders in your General Division case. Never married → Juvenile Division (ex parte only on a JFS complaint or verified extraordinary circumstances). Domestic violence → DVCPO petition. All at 210 S. Fulton Street.
Attend the prompt hearing. In a DR case, the court sets a hearing within 10 days if the other party requests one, otherwise within 3 weeks of service. Bring all witnesses, documents, and exhibits; the other parent will appear and respond.

Fulton County Practice Notes

An ex parte affidavit must be fact-specific. Under DR Rule 10.04 the affidavit must state the exigent circumstances justifying immediate relief, and counsel must state the efforts made to notify the other side or why notice should not be required. Use specific dates, observations, and witnesses — not conclusions. Vague affidavits get denied.
Juvenile ex parte is the exception, not the rule. In a never-married case, Juvenile Rule 17 grants no ex parte allocation orders except on a JFS neglect/dependency/abuse complaint or a verified showing of extraordinary circumstances supported by affidavit and the investigator's writing. Plan to make your case at the Initial Hearing instead.
A temporary order is not the final decision. Any ex parte or temporary order lasts only until the court enters a different temporary order or the final decree. The other parent gets a prompt hearing (within 10 days if requested, otherwise within 3 weeks of service in DR cases) where they can respond.
Report abuse and call for help. To report child abuse or neglect in Fulton County, call Job & Family Services / Children Services at (419) 337-0010 (Option 3 then 2) or (800) 344-3575 during business hours, or the Sheriff at (419) 335-4010 after hours. The Center for Child & Family Advocacy (419) 335-4255 helps with protection orders for free.

Frequently Asked Questions

When do I file in Fulton Juvenile Division instead of Common Pleas?: If the parents were never married, custody, parenting time, child support, and paternity are filed in the Fulton County Juvenile Division (same courthouse, separate court with its own rules). If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in the General Division. Heads-up: Juvenile requires a child's birth certificate at filing for Grandparent POA/Caretaker Affidavit and Application for Custodian filings — not optional.
How do I get a Civil Protection Order in Fulton County?: There is no filing fee for a CPO in Ohio. File at the Fulton County Clerk of Courts at 210 S. Fulton Street, Wauseon. The Center for Child & Family Advocacy at (419) 335-4255 (theccfa.org) provides free Civil Protection Order assistance — they can help you complete the petition and prepare for the hearing. An ex parte hearing usually happens the same day or the next business day; the full hearing is typically within 7-10 days.
Does Fulton County have a separate Domestic Relations Court?: No. Fulton County does not have a separate DR Court. All family-law cases — divorce, dissolution, legal separation, annulment, post-decree motions — are heard in the General Division of the Court of Common Pleas by Hon. Scott Haselman, who also handles civil and criminal cases. Cases involving never-married parents go to the combined Juvenile/Probate Court, a separate court in the same courthouse with its own local rules.
Why doesn't the courthouse have paper forms?: Since July 1, 2013, the Fulton County Court of Common Pleas does not provide paper domestic-relations forms at the courthouse. All standardized forms are free on the Ohio Supreme Court website at supremecourt.ohio.gov. The court's staff also cannot help you choose or fill out the right forms — if you need help, consult an attorney.
How much does it cost to file in Fulton County?: Fulton uses two different fee structures depending on the court. Domestic Relations (General Division) cases — divorce, dissolution, legal separation, annulment, and post-decree motions — follow the Appendix B security-cost schedule ($325 without children, $400 with children, $280 post-judgment with children); call the Clerk of Courts at (419) 337-9260. Juvenile Division cases — paternity, custody/parenting allocation, and support for never-married parents — follow Fulton Juvenile Rule 20 (Security for Costs), where a complaint or motion for allocation of parental rights, parenting time, or companionship carries a $200.00 cost deposit ($50 mediation fee deducted); call the Juvenile/Probate Division at (419) 337-9242. An Affidavit of Indigency is available to waive fees for qualifying low-income filers.

Free Local Resources in Fulton County

Fulton County Court of Common Pleas. 210 S. Fulton Street, Wauseon, OH 43567. Phone (419) 337-9260 · Fax (419) 337-9293. Hon. Scott Haselman presides — handles DR, civil, and criminal cases.
Fulton County Local Rules (rev. 1/26/2024). fultoncountyoh.com/DocumentCenter/View/13192 — includes Appendix B fee schedule.
Fulton County Court Fee Schedule (Appendix B). fultoncountyoh.com/DocumentCenter/View/13191/appendix-b — confirm current amount with Clerk before filing.
Fulton County Local Forms Page. fultoncountyoh.com/235/Forms — Court Orders 1-8, Pretrial Order, Settlement Conference Notice, and Parenting Schedules A/A-1/B/C.
Local Child Support Worksheet. fultoncountyoh.com/DocumentCenter/View/250 — used alongside the Ohio Child Support Calculator output.
Fulton County Juvenile Division. Same courthouse; separate court with its own rules. Phone (419) 337-9242 · Fax (419) 337-9273 (closed daily 12:00-1:00 PM). Forms at fultoncountyoh.com/650/Juvenile-Court-Forms. Birth certificate required at filing for Grandparent POA / Caretaker Affidavit and Application for Custodian filings.
Juvenile Local Rules (2021). fultoncountyoh.com/DocumentCenter/View/13596 — covers juvenile filing requirements.
Online Dockets / Records Search. fultoncountyoh.com/231/Records-Search
The Center for Child & Family Advocacy (CPO help). (419) 335-4255 · theccfa.org — free Civil Protection Order assistance.
Legal Aid Hotline. (888) 534-1432 · legalaidline.lawolaw.org — free phone-based legal advice for income-qualified residents.
Ohio Supreme Court Standardized DR & Juvenile Forms. supremecourt.ohio.gov — Fulton does not provide paper forms; download everything here.
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.

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.

Keep exploring

Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
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