Emergency & Temporary Orders in Henry County

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

Henry County, Ohio · Napoleon

While a divorce, legal separation, or annulment is pending, either spouse can ask the Family Court for temporary orders governing custody, parenting time, support, and use of the home. For an immediate risk, an ex parte order can issue quickly — but it requires a sworn affidavit of exigent circumstances. For safety emergencies involving violence, a civil protection order may be the faster route.

How do I get an emergency custody or temporary order in Henry County, Ohio?

In a pending case, file a motion for temporary orders under Civ.R. 75(N); the responding party must file a DR-1 before the hearing. For an immediate risk, file an ex parte motion stating the exigent circumstance, supported by a sworn affidavit, plus a statement of efforts to notify the other side (Local Rule 10.04(B)–(C)). Every ex parte order advises the other party of the right to a hearing: if requested, the court holds it within 10 days; if not, a hearing is set within 3 weeks of service. For a child in immediate danger, call 911 or report to Henry County FACS at (419) 592-4210 (statewide 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: Henry County Family Court (Court of Common Pleas, Domestic Relations Division)

660 N. Perry St., Suite 401, Napoleon, OH 43545
Phone: (419) 599-5951
Hours: Monday–Friday (confirm current hours with the Clerk)
Website: henrycountyfamilycourt.com/

Juvenile Branch (Never-Married Parents)

Henry County Family Court (Juvenile Division)
660 N. Perry St., Suite 401, Napoleon, OH 43545
Phone: (419) 599-5951
Hours: Monday–Friday (confirm current hours with the Clerk)

Emergency & Temporary Orders is the right path if…

You have a pending divorce, legal separation, or annulment and need orders now.
A child faces an immediate risk that can't wait for a normal hearing.
You need temporary support, parenting time, or exclusive use of the home.
You can provide a sworn affidavit describing the exigent circumstances.

Filing Fees

Temporary and emergency motions are filed within an existing case (no separate filing deposit for the motion itself) · a child-safety protection order is filed with no fee · confirm any current motion cost at (419) 599-5951

Forms & Filing Packets

Temporary orders during a pending case

File a motion for temporary custody, parenting time, child support, spousal support, or exclusive use of the home under Civ.R. 75(N), with a DR-1 (Income & Expenses) and the DR-3 (Parenting Proceeding) affidavit. The responding party must also file a DR-1 before the 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).
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
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.

Emergency ex parte order

File an ex parte motion with a sworn affidavit of exigent circumstances and a statement of efforts to notify the other side. If granted, the other party can request a hearing (held within 10 days); otherwise a hearing is set within 3 weeks of service.

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).
Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
Common Pleas Local Rules — Defiance/Fulton/Henry/Williams (rev. 5/1/2020) — The shared four-county local rules governing Henry County family cases — including Rule 10.01 (mandatory affidavits), Rule 10.04 (preliminary injunction and ex parte orders), Chapter 11 (parenting education), and the Schedules A/B and Appendix A parenting-time guidelines.

How to File Emergency & Temporary Orders in Henry County

Decide which relief you need. Ordinary temporary orders (Civ.R. 75(N)) versus an emergency ex parte order (Local Rule 10.04(B)–(C)) follow different timelines.
Prepare a detailed affidavit. An ex parte request must include a sworn affidavit stating, with specificity, the exigent circumstances and your efforts to notify the other side.
File in the pending case. File the motion with the Family Court; the responding party must file a DR-1 before any temporary-orders hearing.
Attend the hearing. If an ex parte order issues, expect a hearing within 10 days on request (otherwise within 3 weeks of service); for violence, also consider a protection order or call 911.

Henry County Practice Notes

Temporary orders under Civ.R. 75(N). While a divorce, legal separation, or annulment is pending, either spouse can request temporary orders for custody, parenting time, child support, spousal support, or exclusive use of the home by motion (Civ.R. 75(N)). The responding party must file a DR-1 (Affidavit of Income & Expenses) before any temporary-orders hearing — and at least 10 days before the hearing if no response was filed.
Ex parte orders require a sworn affidavit of exigent circumstances. An ex parte order (custody, child support, spousal support, or exclusive use of the home) requires a written motion stating the exigent circumstance, supported by a sworn affidavit, plus a statement of efforts to notify the other side (Local Rule 10.04(B)–(C)). Every ex parte order advises the other party of the right to request a hearing: if requested, the court schedules it within 10 days; if not, a hearing is set within 3 weeks of service.
Automatic preliminary injunction on filing (Court Order #1). On the filing of a divorce, annulment, or legal separation, the court issues an automatic preliminary injunction (Court Order #1) under Local Rule 10.04(A) enjoining both spouses from dissipating assets, harassing the other party, and similar conduct. It applies to both parties automatically and is separate from a domestic-violence protection order.
Protection orders filed in the Family Court (no fee). A civil protection order (Form 10.01-D, 10.01-P, or 10.03-D) is filed in the Henry County Family Court with no filing fee. If the petition shows an immediate risk, the court can issue an ex parte (same-day) order, with a full hearing generally within about 7–10 days for an order that can last up to 5 years. Mediation is prohibited in domestic-violence and protection-order matters (Local Rule 14.01(B)(2)). If the respondent is a juvenile, the matter is handled in the Juvenile Division. In an emergency, call 911.
Henry County's combined Family Court. Henry County has a combined Family Court (Judge Melissa Peper Firestone; Magistrate Steve Callejas) at 660 N. Perry St., Suite 401, Napoleon, (419) 599-5951. The Domestic Relations Division (3rd floor) hears divorce, dissolution, legal separation, and annulment; the Juvenile Division (4th floor) hears parentage, custody, and support for never-married parents. Adoptions, name changes, and marriage licenses are handled by the separate Probate Division (Judge Amy C. Rosebrook, Suite 203, (419) 592-7771).

Frequently Asked Questions

How fast can I get an emergency order in Henry County?: An ex parte order (custody, child support, spousal support, or exclusive use of the home) requires a written motion stating the exigent circumstance, supported by a sworn affidavit, plus a statement of efforts to notify the other side (Local Rule 10.04(B)–(C)). Every ex parte order advises the other party of the right to request a hearing: if a hearing is requested, the court schedules it within 10 days; if none is requested, a hearing is set within 3 weeks of service. For a child in immediate danger, call 911 or report to Henry County FACS at (419) 592-4210.
Can I get temporary custody and support while my Henry County divorce is pending?: Yes. Under Civ.R. 75(N), either spouse can request temporary orders for custody, parenting time, child support, spousal support, or exclusive use of the home by motion. The responding party must file a DR-1 (Affidavit of Income & Expenses) before any temporary-orders hearing — and at least 10 days before the hearing if no response was filed.
Is there an automatic restraining order when I file for divorce in Henry County?: Yes. On the filing of a divorce, annulment, or legal separation, the court issues an automatic preliminary injunction (Court Order #1) under Local Rule 10.04(A) that enjoins both spouses from dissipating assets, harassing the other party, and similar conduct. It applies to both parties automatically and is different from a domestic-violence protection order, which is a separate filing.
How do I get a protection order in Henry County, and is there a fee?: File the Ohio Supreme Court petition — Form 10.01-D (domestic violence), 10.01-P (dating violence), or 10.03-D (civil stalking) — with the Henry County Family Court, 660 N. Perry St., Napoleon, (419) 599-5951. There is no filing fee. If the petition shows an immediate risk, the court can issue an ex parte order the same day, with a full hearing generally within about 7–10 days for an order that can last up to 5 years. Mediation is prohibited in domestic-violence and protection-order matters. In an emergency, call 911.

Free Local Resources in Henry County

Henry County Clerk of Courts (record custodian). 660 N. Perry St., Suite 302, Napoleon, OH 43545; (419) 592-5886. The Clerk is the record custodian for Family Court filings, posts the filing-fee schedule, and confirms current deposits and copy counts. There is no general e-filing portal — file in person or by mail. Court costs can be paid online at https://payments.lexisnexis.com/oh/co/henry/familycourt or by phone at (888) 562-9935.
Henry County Family Court (Domestic Relations & Juvenile Divisions). 660 N. Perry St., Suite 401, Napoleon, OH 43545; (419) 599-5951 (https://henrycountyfamilycourt.com/). One combined Family Court — Judge Melissa Peper Firestone and Magistrate Steve Callejas hear both Domestic Relations (3rd floor) and Juvenile (4th floor) cases, including divorce, dissolution, custody, parenting time, support, paternity, and non-parent custody.
Henry County Child Support Enforcement Agency (CSEA). 104 E. Washington St., Hahn Center Suite 202, Napoleon, OH 43545; (419) 592-4633 (toll-free 888-844-9783). The county IV-D agency establishes, calculates, collects, and enforces child support. Open a IV-D case to set up automatic wage withholding and enforcement.
Henry County Family, Adult & Children's Services (FACS). (419) 592-4210. 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).
Henry County Probate Division (adoption, name change, marriage). 660 N. Perry St., 2nd Floor (Suite 203), Napoleon, OH 43545; (419) 592-7771 (https://www.henrycountyohio.gov/261/Probate-Division). Judge Amy C. Rosebrook's separate Probate Division handles stepparent and kinship adoptions, name changes, and marriage licenses — not divorce or custody.

Related to your emergency orders 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 orders 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.

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