Emergency & Temporary Custody Orders in Hocking County

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

Hocking County, Ohio · Logan

When a child's immediate safety is at risk, the Common Pleas Court can issue an emergency ex parte order — decided without the other side first being heard — and set a prompt follow-up hearing. Less urgent needs are handled with temporary orders while the case is pending.

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

File a motion, supporting affidavit, and proposed order in an ongoing case (or together with a new complaint or post-decree motion) in the Common Pleas General/DR Division. Emergency-custody filings are hard copy (Local Rule 3(B)); call the court at (740) 385-4027 about scheduling. If the affidavit shows an immediate risk to the child's health, safety, and welfare (or an imminent out-of-jurisdiction move or a school-enrollment need), the court can grant an ex parte order and set a prompt hearing where each party gets 20 minutes (Local Rule 63.08).

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: Hocking County Court of Common Pleas, General & Domestic Relations Division

1 East Main Street
Phone: (740) 385-4027
Hours: Monday–Friday 8:30 a.m.–4:00 p.m.
Website: hocking.oh.gov/commonpleas

Juvenile Branch (Never-Married Parents)

Hocking County Juvenile Court (Common Pleas, Juvenile Division)
1 East Main Street
Phone: (740) 385-3615
Hours: Monday–Friday 8:00 a.m.–4:00 p.m.

Emergency Custody is the right path if…

There is an immediate risk to your child's health, safety, and welfare.
The other parent is about to move the child out of the court's jurisdiction.
You need an order to enroll the child in school pending a hearing.
You have (or are opening) a divorce, parentage, or post-decree case.
You can document the emergency in a sworn affidavit.

Filing Fees

Emergency and temporary orders are filed within an ongoing (or newly opened) Common Pleas case · emergency-custody filings are hard copy (Local Rule 3(B)) · call the court at (740) 385-4027 about scheduling an ex parte hearing.

Forms & Filing Packets

Emergency ex parte order — Filed within the case (hard copy, Local Rule 3(B))

File a motion, supporting affidavit, and proposed order (in hard copy) showing an immediate risk to the child's health, safety, and welfare, an imminent out-of-jurisdiction move, or a school-enrollment need. The court can grant ex parte relief and schedule a prompt hearing (each side 20 minutes).

Motion & Affidavit for Temporary Orders (Ohio SC Affidavit 5) — Asks the court for temporary support, custody, parenting time, or use of property while the case is pending. The court considers it about 14 days after service (Local Rule 66.01); either party may request a Civ.R. 75 oral hearing (each side gets 20 minutes).
Hocking County Common Pleas — Domestic Relations Forms — The Common Pleas (General/DR Division) forms library, including the county Party Supplemental Information Affidavit, the Parenting Supplemental Information Affidavit, and the Notice of Intent to Relocate. Confirm you have the current version before filing.

Temporary orders while the case is pending — Filed within the case

Request temporary support, custody, parenting time, or use of property by motion and affidavit (Affidavit 5). The court considers it about 14 days after service (Local Rule 66.01); either party may request a Civ.R. 75 oral hearing (20 minutes each).

Motion & Affidavit for Temporary Orders (Ohio SC Affidavit 5) — Asks the court for temporary support, custody, parenting time, or use of property while the case is pending. The court considers it about 14 days after service (Local Rule 66.01); either party may request a Civ.R. 75 oral hearing (each side gets 20 minutes).

How to File Emergency Custody in Hocking County

Assess the urgency. If a child is in immediate danger, call 911. For court relief, decide whether you need an emergency ex parte order or temporary orders while the case proceeds.
Prepare the motion, affidavit, and proposed order. Use a motion with a sworn affidavit (Affidavit 5 may be used) detailing the emergency and a proposed order; affidavits and attachments are limited to 10 pages without leave.
File in hard copy. File in the existing case (or with a new complaint/post-decree motion) in hard copy with the Common Pleas Clerk (Local Rule 3(B)); call (740) 385-4027 about scheduling.
Attend the prompt hearing. If ex parte relief is granted, the court sets a prompt hearing where each party gets 20 minutes; the order stays in effect until further order.

Hocking County Practice Notes

Emergency orders are temporary. An emergency ex parte order is temporary and stays in effect until the court issues a further or final order after the prompt follow-up hearing (Local Rule 63.08). It is not the same as a domestic-violence protection order (a separate case) or a Children Services case.
Grounds for ex parte relief. The court may grant ex parte relief when a party is about to dispose of property to defeat support or a fair division; when a residential parent is about to move the child out of the court's jurisdiction; when an order is needed to enroll the child in school pending hearing; or when there is concern for the child's immediate health, safety, and welfare.
Filed in hard copy (Local Rule 3(B)). Civil protection orders and emergency-custody filings are filed in hard copy at the Clerk's Office — they are not e-filed (Local Rule 3(B)).
Heard by Magistrate Joe Nemec. Hocking County domestic-relations matters are heard by Magistrate Joe Nemec (Local Rule 10); Judge Jason M. Despetorich reviews the magistrate's decision and rules on any objections.

Frequently Asked Questions

How fast can I get an emergency order about my kids in Hocking County?: If your affidavit shows an immediate risk to the child's health, safety, and welfare (or an imminent out-of-jurisdiction move, or a school-enrollment need), the court can issue an emergency ex parte order and set a prompt follow-up hearing where each party gets 20 minutes (Local Rule 63.08). Emergency-custody filings are hard copy (Local Rule 3(B)).
Can I get temporary support or custody while my case is pending?: Yes. File a motion with an affidavit (Affidavit 5 may be used). The court considers it about 14 days after service based on the affidavits on file (Local Rule 66.01); either party may request a Civ.R. 75 oral hearing where each side gets 20 minutes (Local Rule 66.02).
Which Hocking County court hears my family-law case?: Married/formerly married matters — divorce, dissolution, legal separation, annulment, post-decree, and adult protection orders — are heard in the Court of Common Pleas, General & Domestic Relations Division ((740) 385-4027). Never-married parentage, custody, support, companionship, and non-parent custody are heard in the Juvenile Court ((740) 385-3615). Both are at 1 East Main Street, Logan.
Do I have to tell the court if I'm moving with the children?: Yes. A residential parent must file a Notice of Intent to Relocate with the Clerk (DR Division), with instructions for certified-mail service on the other parent, at least 90 days before the intended move except for good cause (Local Rule 63.07; R.C. 3109.051(G)). The other parent may then ask for a hearing on the schedule.

Free Local Resources in Hocking County

Hocking County DIY Divorce Forms. The Common Pleas Court's do-it-yourself divorce information and form links for self-represented filers: https://hocking.oh.gov/commonpleas/DIY-Divorce-Forms
Hocking County Common Pleas Forms. Domestic-relations forms, including the county Party and Parenting Supplemental Information Affidavits and the Notice of Intent to Relocate: https://hocking.oh.gov/commonpleas/Forms
Hocking County Child Support Enforcement Agency (CSEA). Hocking County DJFS, 350 State Route 664 N, Logan, OH 43138; (740) 385-5663. Establish, modify, collect, and enforce child support (including interstate cases).
Ohio Child Support Calculator. The official 2024 Income Shares calculator used to estimate child support before you file: https://ohiochildsupportcalculator.ohio.gov/
Hocking County Prosecutor — Victim Services & Sheriff. Help filing a protection order: Prosecutor's Office of Victim Services (740) 385-5343; Hocking County Sheriff's Office (740) 385-2131.

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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