Emergency Custody & Temporary Orders in Greene County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Greene County, Ohio · Xenia
When a child of the marriage is in immediate danger, the Greene County Domestic Relations Court at 595 Ledbetter Road can issue ex parte emergency custody and then set a prompt hearing with notice to the other parent — none of which is a final custody determination. Short-term relief while a case is pending (temporary custody, support, and use-of-property) is requested through the Affidavit of Financial Disclosure under Civ.R. 75(N) and Local Rule 2.1. The DR Court also hears emergency custody for married parents who are not filing for divorce. If the danger involves domestic violence, a civil protection order can add immediate ex parte protection.
How do I get emergency custody in Greene County, Ohio?
If a child of the marriage is in immediate danger, file the Greene County Motion for Ex Parte Emergency Custody (with its packet and Notice of Hearing) in the Domestic Relations Court at 595 Ledbetter Road, Xenia. The motion and supporting affidavit must show immediate risk; if granted, the Court issues temporary custody and sets a prompt hearing with notice to the other parent — it is not a final order. Married parents who are not filing for divorce use the Emergency Custody — Married Persons packet. To request temporary support or custody while a divorce is pending, complete the support and custody sections of the Affidavit of Financial Disclosure when you open the case (Civ.R. 75(N)/Local Rule 2.1) — there is no separate temporary-orders motion at filing. An emergency motion inside an already-open case falls under the $275 post-judgment deposit; a standalone married-persons legal-custody filing takes the $350 deposit. Confirm fees with the Clerk.
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: Greene County Domestic Relations Court
595 Ledbetter Road, Xenia, OH 45385, Xenia, OH 45385Phone: (937) 562-6249
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.greenecountyohio.gov/415/Domestic-Relations-Court
Juvenile Branch (Never-Married Parents)
Greene County Court of Common Pleas — Juvenile Division
2100 Greene Way Blvd., Xenia, OH 45385, Xenia, OH 45385
Phone: (937) 562-4000
Hours: Court: Mon-Fri 8:00 AM - 4:00 PM · Clerk's Office: Mon-Fri 8:00 AM - 3:30 PM
Emergency Custody is the right path if…
- A child of the marriage is in immediate danger and needs protection now.
- You need temporary custody, support, or use of the home while a divorce is pending.
- You are married, not filing for divorce, but need emergency custody.
- The other parent has been gone 30+ days and you need exclusive use of the marital home.
- Safety concerns (abuse, threats, injury) require urgent court intervention.
If the danger involves domestic violence, a civil protection order can provide immediate ex parte protection, including temporary custody terms. See Greene County protection orders.
Filing Fees
$275 post-judgment deposit for an emergency motion in an open case · $350 Legal Custody deposit for a standalone married-persons filing · Ex parte/emergency adds $75 in Juvenile cases · Confirm current amounts with the Clerk
Forms & Filing Packets
Ex parte emergency custody (children of the marriage) — $275 if inside an open case
Use when a child is in immediate danger in a pending or new DR case. A prompt hearing with notice follows.
- Motion for Ex Parte Emergency Custody (Greene County DR) — Asks the DR Court for immediate temporary custody of a child of the marriage when there is immediate risk. A prompt hearing with notice follows.
- Ex Parte Emergency Custody Packet (Greene County DR) — The complete ex parte emergency-custody packet for a pending or new DR case.
- Notice of Hearing, Emergency Custody Motion (Greene County DR) — Sets and gives notice of the prompt hearing that follows an emergency-custody motion.
Emergency custody — married persons (not divorcing)
Use when married parents need emergency custody without ending the marriage; the DR Court hears custody for married persons.
- Emergency Custody — Married Persons Packet (Greene County DR) — For married parents who are NOT filing for divorce but need emergency custody; the DR Court hears custody for married persons.
- Motion for Emergency Custody — Married Persons (Greene County DR) — The emergency-custody motion used by married parents not ending their marriage.
- Legal Custody — Married Persons Packet (Greene County DR) — The non-emergency path for married parents who are not divorcing to have the DR Court allocate custody. Takes the $350 Legal Custody deposit.
Temporary orders in a pending divorce (Civ.R. 75(N))
Request temporary custody, support, and use of property through the Affidavit of Financial Disclosure when you open the case (Local Rule 2.1). No separate motion at filing.
- Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
How to File Emergency Custody in Greene County
- Assess the urgency and the relationship. Decide whether you need ex parte emergency custody (immediate danger), non-emergency temporary orders in a pending divorce, or the married-persons custody path.
- Build the matching packet. Use the Motion for Ex Parte Emergency Custody packet for danger to a child of the marriage, the Emergency Custody — Married Persons packet for married non-divorcing parents, or the Affidavit of Financial Disclosure for Civ.R. 75(N) temporary orders.
- Show the immediate risk. An ex parte order requires a motion and supporting affidavit demonstrating immediate risk to the child. Be specific and factual.
- Clear compliance review and file in Xenia. Submit for the Local Rule 1.7 pre-compliance review, then file at 595 Ledbetter Road. An emergency motion inside an open case takes the $275 deposit; a standalone married-persons legal-custody filing takes $350.
- Attend the prompt hearing. After an ex parte order, the Court sets a prompt hearing with notice to the other parent. Bring your evidence; the temporary order can be revisited and a final order follows later.
Greene County Practice Notes
- Emergency relief is temporary, not final. Ex parte emergency custody is granted only on a showing of immediate risk and is followed by a prompt hearing with notice to the other parent. Final allocation of parental rights happens later under R.C. 3109.04.
- Temporary orders ride on the financial affidavit. Under Local Rule 2.1, there is no separate temporary-orders motion at filing — requests are made through the Affidavit of Financial Disclosure. The Court reviews new cases for temporary orders within 15 days after the answer period, and either party may request a Civ.R. 75(N)(2) hearing once the order issues.
- Same-household limits apply. No temporary spousal support, child support, or custody allocation is ordered while the parties still live together (the Court can allocate household expenses). Exclusive use of the marital residence can be ordered ex parte if the other spouse has been gone 30+ days, or after a hearing on safety grounds.
- Married parents have their own path. The DR Court hears custody for married persons who are not ending their marriage — use the Emergency Custody — Married Persons packet for emergencies, or the non-emergency Legal Custody — Married Persons packet, which takes the $350 deposit.
Frequently Asked Questions
- Can I get emergency custody the same day in Greene County?
- Ex parte emergency custody is possible when your motion and supporting affidavit show immediate risk to the child. The Court then sets a prompt hearing with notice to the other parent. It is temporary relief, not a final custody order — final allocation happens later under R.C. 3109.04.
- How do I ask for temporary support or custody while my Greene County divorce is pending?
- Complete the support and custody sections of the Greene County Affidavit of Financial Disclosure when you open the case — that affidavit is the Civ.R. 75(N) request, and there is no separate temporary-orders motion at filing (Local Rule 2.1). The Court reviews new cases for temporary orders within 15 days after the answer period runs, and either party may request a Civ.R. 75(N)(2) hearing once the order issues.
- Can married parents get emergency custody in Greene County without filing for divorce?
- Yes. The Greene County DR Court hears custody for married persons who are not ending their marriage. Use the Emergency Custody — Married Persons packet for immediate-risk situations, or the non-emergency Legal Custody — Married Persons packet (which takes the $350 Legal Custody deposit) when there is no emergency.
- How much does a post-decree motion cost in the Greene County DR Court?
- The Clerk's deposit for post-judgment motions is $275; an Agreed Entry is $175; and a Notice of Intent to Relocate is $225. Every motion still passes the Local Rule 1.7 pre-compliance review before the Clerk files it. Confirm the current amount with the Clerk before you file.
Free Local Resources in Greene County
- Self-Represented Parties Hub & Pro Se Guide. greenecountyohio.gov/420/Self-Represented-Parties — Greene's official online resource page for SRPs, including a comprehensive Pro Se Guide for the divorce-with-children process.
- Clerk of Courts (filing after compliance review). Greene County Clerk of Courts — Legal Division, Greene County Courthouse, 45 N. Detroit Street, Xenia. Pleadings are filed here only after the DR Court's Local Rule 1.7 compliance review.
- Greene County Juvenile Court. 2100 Greene Way Blvd., Xenia. (937) 562-4000.
- 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.
Other Family-Law Topics in Greene County
- Dayton Divorce Lawyers — Nearby Montgomery County guide — fees, filing, and attorney help.
- Ohio Child Support Calculator — Run the 2024 Income Shares worksheet before you file.
- Statewide Divorce Guide — How divorce works anywhere in Ohio — grounds, timing, and the 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.
- Dayton family law — Local attorneys and courts serving the Dayton metro.
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