Emergency Custody in Hardin County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Hardin County, Ohio · Kenton
When a child faces an immediate risk of harm, the Hardin County Domestic Relations Division can issue an emergency (ex parte) order changing custody right away, before a full hearing. These orders require sworn proof of the danger and are followed quickly by a hearing where both parents are heard.
How do I get emergency custody in Hardin County, Ohio?
File a written motion for an emergency (ex parte) custody order, supported by a sworn affidavit describing the specific, immediate danger to the child, in your pending or new case in the Domestic Relations Division through the Clerk. If the affidavit shows the child is in immediate danger, the court can issue a temporary ex parte order and set a prompt follow-up hearing where both parents are heard. For a child in immediate danger, call 911 or report to Hardin County Children Services at (419) 675-1130 (statewide hotline 855-OH-CHILD).
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: Hardin County Court of Common Pleas, Domestic Relations Division
One Courthouse Square, Suite 210, Kenton, OH 43326Phone: (419) 674-2233
Hours: Monday–Friday (confirm current hours with the Clerk)
Website: hardincountyjuvenilecourt.com/
Juvenile Branch (Never-Married Parents)
Hardin County Court of Common Pleas, Domestic Relations Division (juvenile, parentage & never-married matters)
One Courthouse Square, Suite 210, Kenton, OH 43326
Phone: (419) 674-2233
Hours: Monday–Friday (confirm current hours with the Clerk)
Emergency Custody is the right path if…
- A child faces an immediate risk of physical or emotional harm.
- There's abuse, neglect, substance abuse, or a credible threat of flight with the child.
- Waiting for a normal hearing date would put the child in danger.
- You can describe the danger in a sworn affidavit with specific facts.
Filing Fees
An emergency motion in an open case is filed with the county Motion & Entry · a new juvenile complaint deposit is $300 (Juv Rule 28) · Affidavit of Indigency waiver available · in immediate danger call 911 or Hardin County Children Services (419) 675-1130
Forms & Filing Packets
Emergency motion in an existing case
File the county Motion & Entry for an ex parte emergency custody order with a sworn affidavit of the immediate danger in your open Domestic Relations case.
- Motion & Entry (Hardin County) — The county's blank motion form used to request relief in a pending or post-decree case (for example temporary orders, a contempt show-cause, or a modification).
- Parenting Proceeding / UCCJEA Affidavit (Hardin County) — Required in any case involving minor children. Lists where each child has lived for the last 5 years and with whom, confirming Ohio's UCCJEA jurisdiction over custody (R.C. 3127.23).
Emergency order with a new filing
If no case is open, file the underlying complaint (divorce/dissolution for married parents, or a parentage/custody complaint on the juvenile track) together with the emergency motion and sworn affidavit.
- Complaint for Allocation of Parental Rights & Responsibilities (Ohio SC Form 23) — Asks the Juvenile Branch to name a residential parent and legal custodian and set a parenting-time schedule when the parents were never married.
- Motion & Entry (Hardin County) — The county's blank motion form used to request relief in a pending or post-decree case (for example temporary orders, a contempt show-cause, or a modification).
- Parenting Proceeding / UCCJEA Affidavit (Hardin County) — Required in any case involving minor children. Lists where each child has lived for the last 5 years and with whom, confirming Ohio's UCCJEA jurisdiction over custody (R.C. 3127.23).
How to File Emergency Custody in Hardin County
- Protect the child first. If a child is in immediate danger, call 911 or report to Hardin County Children Services, (419) 675-1130 (statewide hotline 855-OH-CHILD).
- Write the sworn affidavit. Describe the specific, immediate danger with concrete facts — what happened, when, and why the child is at risk now.
- File the emergency motion. File the county Motion & Entry for an ex parte order (with a new complaint if no case is open) in the Domestic Relations Division through the Clerk.
- Attend the prompt hearing. If the court grants an ex parte order, it sets a fast follow-up hearing where both parents are heard before any longer-term order; a GAL may be appointed in higher-conflict cases.
Hardin County Practice Notes
- One Domestic Relations Division hears it all. Hardin County has a single Court of Common Pleas, Domestic Relations Division (Judge Maria Santo; division created 1/1/2023 under R.C. 2301.03(FF)(1)) at One Courthouse Square, Suite 210, Kenton, (419) 674-2233. The same division hears divorce, dissolution, legal separation, and annulment AND parentage, never-married custody, and civil protection orders — there is no separate juvenile court. Only adoptions and guardianships go to the separate Probate Court (Judge Steve Christopher).
- File through the Clerk of Courts (Suite 310). Petitions and motions are filed through the Hardin County Clerk of Courts, One Courthouse Square, Suite 310, Kenton, (419) 674-2278, https://www.hardincourts.com/CLSite/ (local forms under /CLSite/pdf/). Hardin accepts e-filing through the Henschen portal (efile.henschen.com) and fax filing at (419) 674-2273 for documents of 10 pages or fewer.
- Guardian ad Litem in contested cases. In a contested case the court can appoint a Guardian ad Litem (GAL) — a court-appointed attorney who investigates and files a written report recommending the children's best interest before the merit hearing. In a Domestic Relations case the GAL adds a $500 deposit; on the juvenile track a GAL motion is $350 (including a $250 GAL deposit). The GAL complies with Sup. R. 48, and fees are typically allocated between the parents.
- Fee waiver if you can't afford the deposit. File an Affidavit of Indigency (poverty affidavit) under Ohio Civil Rule 3(E) asking the court to waive prepayment of the cost deposit. Legal Aid of Western Ohio, (888) 534-1432, can help income-eligible filers. Confirm the current indigency form with the Clerk of Courts at (419) 674-2278.
Frequently Asked Questions
- How fast can I get an emergency custody order in Hardin County?
- File a written motion for an emergency (ex parte) order supported by a sworn affidavit describing the immediate risk to the child, filed in your pending or new case in the Domestic Relations Division through the Clerk. If the affidavit shows the child is in immediate danger, the court can issue a temporary ex parte order and set a prompt follow-up hearing where both parents are heard. For a child in immediate danger call 911 or report to Hardin County Children Services at (419) 675-1130 (statewide hotline 855-OH-CHILD).
- When does Hardin County appoint a Guardian ad Litem?
- In a contested custody case the court can appoint a Guardian ad Litem (GAL) — a court-appointed attorney who investigates and files a written report recommending what is in the children's best interest before the merit hearing. In a Domestic Relations case the GAL adds a $500 deposit; on the juvenile track a motion needing a GAL is $350 (which includes a $250 GAL deposit). The GAL complies with Sup. R. 48, and GAL fees are typically allocated between the parents.
- Which court handles divorce, custody, and support in Hardin County?
- One court hears all of it: the Court of Common Pleas, Hardin County, Domestic Relations Division, One Courthouse Square, Suite 210, Kenton, (419) 674-2233 (Judge Maria Santo). The same Domestic Relations Division hears divorce, dissolution, legal separation, and annulment for married spouses AND parentage, never-married custody, and civil protection orders — there is no separate juvenile court in Hardin County. Only adoptions and guardianships go to the separate Probate Court (Judge Steve Christopher). Petitions are filed through the Clerk of Courts, Suite 310, (419) 674-2278.
- What does it cost to file a custody or parentage case for never-married parents in Hardin County?
- Never-married parentage and custody cases follow the juvenile fee schedule (Juv Rule 28), not the divorce schedule: the complaint deposit is $300, a post-judgment motion is $150, and a motion that needs a Guardian ad Litem is $350 (which includes the $250 GAL deposit). Add $25 for each additional defendant, and service by publication is $175. An Affidavit of Indigency can waive prepayment. Confirm current amounts with the Clerk at (419) 674-2278.
Free Local Resources in Hardin County
- Hardin County Clerk of Courts (record custodian). One Courthouse Square, Suite 310 (3rd floor), Kenton, OH 43326; (419) 674-2278 (fax (419) 674-2273). The Clerk is the record custodian for Common Pleas filings, posts local forms at https://www.hardincourts.com/CLSite/forms.php, and confirms current deposits and copy counts. E-filing is available through https://efile.henschen.com/; fax filings to (419) 674-2273 must be 10 pages or fewer with a compliant cover page. Court costs can be paid online at https://www.hardincourts.com/CLSite/payment.php.
- Hardin County Court of Common Pleas — Domestic Relations Division. One Courthouse Square, Suite 210 (2nd floor), Kenton, OH 43326; (419) 674-2233 (https://hardincountyjuvenilecourt.com/). Created January 1, 2023 (R.C. 2301.03(FF)(1)) and led by Judge Maria Santo, this single Domestic Relations Division hears divorce, dissolution, legal separation, and annulment AND juvenile, parentage, never-married custody, and civil protection-order cases — there is no separate Juvenile Court in Hardin County.
- Hardin County Child Support Enforcement Agency (CSEA). 175 W. Franklin St., Suite 200, Kenton, OH 43326; (419) 674-2269. The county IV-D agency establishes, modifies, collects, and enforces child support. Open a IV-D case to set up automatic wage withholding and enforcement.
- Hardin County Job & Family Services — Children Services Agency. (419) 675-1130 (after hours (419) 673-1268; or (800) 442-7346). The county children-services agency investigates child abuse, neglect, and dependency. For an emergency call 911; the statewide child-abuse hotline is 855-642-4453 (855-OH-CHILD).
- Successful Co-Parenting (parenting-education class). Hardin County's required parenting/co-parenting education is provided through OSU Extension's "Successful Co-Parenting" program — $30 per participant, offered in person and/or online. Registration is required; call (419) 674-2297 for current Hardin County dates before relying on it for a specific case.
- Hardin County Probate Court (adoption & guardianship). One Courthouse Square, Suite 200, Kenton, OH 43326; (419) 674-2230. The separate Probate Court — not the Domestic Relations Division — handles stepparent and kinship adoptions ($200, plus $100 for publication if required) and guardianships; the Probate Court requires that you have an attorney for an adoption. It does not handle divorce or custody.
- Legal Aid of Western Ohio. (888) 534-1432. Free civil legal help for income-eligible Hardin County residents, including some family-law matters. The Ohio Supreme Court also posts statewide self-help forms for self-represented litigants.
Other Family-Law Topics in Hardin County
- Hardin County Divorce — Full filing guide with forms, the Clerk deposit, and the parenting class.
- Hardin County Custody — Where to file when parents are married vs. never married.
- Ohio Child Support Calculator — Run the 2024 Income Shares worksheet yourself.
- Ohio family-law resources — 88-county directory of courts and legal aid.
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.
- Columbus family law — Local attorneys and courts serving the Columbus metro.
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