Emergency Custody in Hancock County

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

Hancock County, Ohio · Findlay

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 Domestic Relations Division (Civ.R. 75(N)); never-married parents use the Juvenile Court. If there is violence or threats, a protection order may be the faster tool.

How do I get an emergency custody order in Hancock 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 Domestic Relations Division under Civ.R. 75(N); for never-married parents, file in the Juvenile Court using the General Motion with a parenting affidavit. If granted, the court issues temporary orders right away and sets a prompt follow-up hearing where both sides are heard. Where there is domestic violence, a civil protection order — which has no petitioner filing fee — may be the better path.

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: Hancock County Court of Common Pleas — Domestic Relations Division

300 South Main Street, Findlay, OH 45840
Phone: (419) 424-7818
Hours: Monday–Friday
Website: Court website

Juvenile Branch (Never-Married Parents)

Hancock County Probate/Juvenile Court (Allan H. Davis Judicial Center)
209 West Main Cross Street, Findlay, OH 45840
Phone: (419) 424-7066
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)). Juvenile Court emergency motion $100. A domestic-violence CPO 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).
Appendix A – Personal History and Financial Affidavit (Hancock County) — Hancock County's required financial and personal-history affidavit filed in divorce, dissolution, and post-decree matters in the Domestic Relations Division.

Emergency custody for never-married parents (Juvenile Court) — $100 new motion (Juvenile Court)

File the Juvenile Court General Motion for emergency relief with a parenting affidavit describing the danger; a new motion is $100.

General Motion (Hancock County Juvenile Court) — All-purpose Juvenile Court motion used to ask for, modify, or enforce custody, parenting time, or support in an unmarried-parent case. The Juvenile motion deposit is $100.
Parenting Affidavit (Hancock County Juvenile Court) — UCCJEA parenting affidavit filed with a Juvenile Court parentage or custody case.

Protection-order route

If the emergency involves violence or threats, file a domestic-violence CPO petition (no petitioner filing fee); the ex parte hearing is held the day you file or the next day.

Petition for Domestic Violence CPO (Hancock County) — Petition that starts a domestic-violence civil protection order (R.C. 3113.31). There is no filing fee for the petitioner.
Petition for Domestic Violence CPO – Instructions (Hancock County) — Step-by-step instructions for completing and filing the Hancock County domestic-violence CPO petition.

How to File Emergency Custody in Hancock 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 Domestic Relations Division (Civ.R. 75(N)) if the parents are in a divorce/dissolution, or the Juvenile Court if they were never married.
Consider a protection order. If there is violence or threats, file a domestic-violence CPO petition, which has no petitioner filing fee and an ex parte hearing the same or next day.
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.

Hancock County Practice Notes

Never-married parents file in Juvenile Court. If the parents were never married, parentage, custody, parenting time, and support are decided by the Juvenile Court (R.C. 2151.23) at the Allan H. Davis Judicial Center, 209 West Main Cross Street, Findlay, (419) 424-7066 — the county calls these 'Paternity & Custody' cases. The Juvenile deposit is $125 for a new complaint and $100 for a new motion, not the Domestic Relations fee schedule.
Protection orders have no petitioner filing fee. There is no filing fee for the petitioner of a civil protection order. File with the Clerk of Courts (handled by the Domestic Relations Court) if the respondent is 18 or older, or in the Juvenile Court if the respondent is under 18. An ex parte hearing is held the day you file or the next day, with a full hearing within about two weeks. Open Arms advocates (419-420-9261 / 419-422-4766) can help.
Juvenile filing deposits. In the Juvenile Court, a new complaint (parentage, custody, or support) is a $125 deposit, a new motion (modification or contempt) is $100, and service by publication adds $100. A poverty motion/affidavit can ask the Court to waive the up-front deposit. Confirm current amounts with the Juvenile Court at (419) 424-7066.

Frequently Asked Questions

How do I get an emergency custody order in Hancock 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 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. A protection order may be the better tool if there is violence or threats.
How do I get a protection order in Hancock County, and does it cost anything?: File a CPO petition (domestic violence, or civil stalking / sexually oriented offense) — there is no filing fee for the petitioner. File with the Clerk of Courts (handled by the Domestic Relations Court) if the respondent is 18 or older, or in the Juvenile Court if the respondent is under 18. An ex parte hearing is held the day you file or the next day, with a full hearing within about two weeks. Open Arms advocates (419-420-9261 / 419-422-4766) can help.
If we were never married, where do I file for custody in Hancock County?: In the Juvenile Court (R.C. 2151.23), part of the combined Probate/Juvenile Court at the Allan H. Davis Judicial Center, 209 West Main Cross Street, Findlay, (419) 424-7066. The county lists these on its 'Paternity & Custody' page. New complaints are a $125 deposit; new motions are $100.
How much does it cost to start a custody or paternity case in Hancock County?: In the Juvenile Court, a new complaint (parentage, custody, or support) is a $125 deposit and a new motion (modification or contempt) is $100; service by publication adds $100. A deposit waiver is available if you cannot pay. Confirm current amounts with the Juvenile Court at (419) 424-7066.

Free Local Resources in Hancock County

Hancock County Clerk of Courts (Domestic Relations). Current filing fees, deposit amounts, and case filing for divorce, dissolution, legal separation, annulment, and post-decree matters. Clerk of Courts, 3rd floor, 300 South Main Street, Findlay; (419) 424-7037. Hancock County publishes two overlapping DR fee lists, so confirm the controlling amount before filing. Forms are at https://www.co.hancock.oh.us/210/Forms; there is no public family-law e-filing.
Hancock County Probate/Juvenile Court. Handles never-married-parent parentage, custody, parenting time, and support, plus non-parent custody, at the Allan H. Davis Judicial Center, 209 West Main Cross Street, Findlay. Juvenile (419) 424-7066; Probate (419) 424-7079. New complaints are a $125 deposit; new motions $100. Paternity & Custody forms: https://www.co.hancock.oh.us/187/Paternity-Custody.
Hancock County Child Support Enforcement Agency (CSEA). Establishes parentage administratively, opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, and reviews existing orders. Contact (419) 424-1365.
Free Pro Se Divorce Clinic. A free clinic runs monthly (1:00–4:00 p.m., First-Floor Conference Rooms of the Courthouse) for people without an attorney who qualify for Legal Aid — by appointment through the Legal Aid Line, 888-534-1432. LAWO and the Findlay-Hancock County Bar Association also hold a monthly Domestic Relations clinic.
Parenting Education (DR Rule 2.22). Cases with minor children require an approved online parenting class. Providers include A-OK ($30), Children in Between ($45.95 + $3), and Online Parenting Programs ($30). Program page: https://www.co.hancock.oh.us/212/Parenting-Education. File the certificate with the Clerk; questions (419) 424-7818.
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.
Open Arms Domestic Violence & Rape Crisis Services. Advocates can help with safety planning and protection-order petitions (no petitioner filing fee). Contact 419-420-9261 or 419-422-4766.

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 Hancock County family-law resources

Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
Toledo family law — Local attorneys and courts serving the Toledo metro.
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