Emergency Custody in Holmes County, Ohio

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

Holmes County, Ohio · Millersburg

When a child is in immediate danger, or you need someone removed from the home, the court can act quickly. In a Domestic Relations case the court can issue ex parte orders under Civ.R. 75 and Local Rule 25; for never-married parents, the Juvenile Court has an emergency-custody affidavit.

How do I get emergency custody in Holmes County, Ohio?

If you have a Domestic Relations case (divorce or post-decree), you can ask for ex parte temporary orders under Civ.R. 75 and Local Rule 25, including exclusive possession of the marital residence on a detailed affidavit — the excluded party gets a review hearing within 10 days. For never-married parents, the Juvenile Court provides an Affidavit to be used when requesting emergency custody, setting out the specific facts that show the child is in immediate danger (the Custody/Visitation/Parentage deposit is $63). Emergency relief is fact-specific and the orders are temporary until a full hearing. Confirm current procedures with the court.

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: Holmes County Court of Common Pleas, General & Domestic Relations Divisions

1 E. Jackson Street
Phone: (330) 674-5086
Hours: Monday–Friday, 8:30 AM–4:30 PM
Website: www.holmescourtofcommonpleas.org

Juvenile Branch (Never-Married Parents)

Holmes County Combined Probate & Juvenile Court
1 East Jackson Street, Suite 201
Phone: (330) 674-5841
Hours: Monday–Friday, 8:30 AM–4:30 PM

Emergency Custody is the right path if…

A child is in immediate danger or being seriously harmed.
You need a temporary order before a normal hearing could be scheduled.
You need a dangerous or abusive person removed from the home.
You can provide a sworn affidavit with specific, detailed facts.

Filing Fees

Within a DR case (no separate deposit) · Juvenile $63

Forms & Filing Packets

Ex parte temporary orders (Domestic Relations) — Filed within your Domestic Relations case

Ask for emergency custody or support inside your divorce or post-decree case under Civ.R. 75 and Local Rule 25.

Motion and Affidavit for Temporary Order Without Oral Hearing (with children) — Asks the court for temporary custody, parenting time, child or spousal support while the case is pending, decided on the affidavits without a hearing.
Parenting Proceeding Affidavit (divorce with children) — Lists where each child has lived for the last 5 years (UCCJEA), confirming Ohio's jurisdiction. Required in any case with minor children.

Exclusive possession of the marital residence — Filed within your Domestic Relations case

Can be ordered ex parte on a detailed affidavit; the excluded party gets a review hearing within 10 days.

Motion and Affidavit for Temporary Order Without Oral Hearing (no children) — Asks the court for temporary spousal support or exclusive use of the home while the case is pending, decided on the affidavits without a hearing.

Emergency custody (Juvenile Court) — $63 Custody/Visitation/Parentage deposit (Juvenile Court)

Never-married parents file the Juvenile Court's emergency-custody affidavit with a custody/parentage complaint.

Affidavit for Requesting Emergency Custody (Juvenile) — The sworn affidavit setting out the specific facts that show a child is in immediate danger, filed when asking the Juvenile Court for emergency custody.
Complaint for Custody, Visitation and Parentage PACKET (Juvenile) — The Juvenile Court packet to establish parentage and ask for custody and a parenting-time schedule when the parents were never married.

How to File Emergency Custody in Holmes County

Write a detailed affidavit. Set out the specific facts that show the child is in immediate danger, or the reasons exclusive possession of the home is needed.
Choose the court. File inside your Domestic Relations case (married/divorcing) or with the Juvenile Court (never-married parents).
File and request ex parte relief. File the motion or affidavit and ask the court for an immediate temporary order.
Attend the follow-up hearing. Expect a prompt review or full hearing — within 10 days for an exclusive-possession order — where both sides present evidence.

Holmes County Practice Notes

Exclusive possession with a 10-day review. Under Local Rule 25, exclusive possession of the marital residence can be ordered ex parte on a detailed affidavit (reasons for the order and the excluded party's alternate housing); the entry directs the sheriff on removal and sets a review hearing within 10 days for the excluded party.
Mutual restraining order on filing. As a matter of court policy, on filing of any DR complaint or petition the court may issue a mutual order forbidding harassment and barring the parties from transferring or encumbering assets (Local Rule 25(C)(2)(c)).
Emergency orders are temporary. Ex parte and emergency orders are short-term. A full hearing follows where both sides present evidence before the court decides on a longer-term arrangement.

Frequently Asked Questions

How do I get emergency custody in Holmes County?: In a Domestic Relations case you can request ex parte temporary orders under Civ.R. 75 and Local Rule 25. Never-married parents file the Juvenile Court's Affidavit to be used when requesting emergency custody, setting out specific facts that show the child is in immediate danger. Emergency orders are temporary, and a full hearing follows where both sides present evidence.
Can I get exclusive use of the marital home in Holmes County?: Yes. Under Local Rule 25, exclusive possession of the marital residence can be ordered ex parte on a detailed affidavit (reasons for the order and the excluded party's alternate housing). The entry directs the sheriff on removal and sets a review hearing within 10 days for the excluded party.
What does it cost to file a custody or support case in the Holmes County Juvenile Court?: The Juvenile Court cost deposits are $63 for a Custody / Visitation / Parentage case and $48 for a Child Support case. Card payments are accepted ($2.00 debit fee; $2.00 or 3%, whichever is greater, for credit). Confirm the current amounts with the Juvenile Court before filing.
Which court handles family-law cases in Holmes County, Ohio?: Divorce, dissolution, legal separation, annulment, and married-parent custody/support are heard by the Domestic Relations Division of the Court of Common Pleas (Judge Sean Warner; Magistrate Tiffany D. Bird) and filed with the Clerk of Courts at 1 E. Jackson St., Millersburg. Custody, parenting time, support, and parentage for unmarried parents go to the Juvenile Court, and adoption goes to the Probate Court — both run by Judge Thomas C. Lee from 1 East Jackson St., Suite 201, Millersburg.

Free Local Resources in Holmes County

Holmes County Clerk of Courts. Files all General & Domestic Relations cases and processes filings; Clerk Ronda P. Steimel, 1 E. Jackson St., Millersburg, (330) 674-1876. Filing is paper-only (in person or by mail). Pay Common Pleas costs online at payments.lexisnexis.com/oh/co/holmes/clerkofcourts; view the docket at courts.co.holmes.oh.us/eservices.
Holmes County Domestic Relations Division. Judge Sean Warner; Magistrate Tiffany D. Bird. Publishes the county's Uniform DR forms at holmescourtofcommonpleas.org/domestic-relations and /domestic-relations-templates. Court phone (330) 674-5086.
Holmes County Combined Probate & Juvenile Court. Judge Thomas C. Lee. Handles parentage, custody, parenting time, and support for never-married parents, non-parent custody, and adoption, at 1 East Jackson St., Suite 201, Millersburg. Juvenile (330) 674-5841; Probate (330) 674-5881. Fillable packets at co.holmes.oh.us/document-library/juvenile-court.
Holmes County Child Support Enforcement Agency (CSEA). Housed at Holmes County Job & Family Services, 85 N. Grant St., Millersburg, (330) 674-1111. Opens IV-D support cases, runs wage withholding, distributes payments, and enforces orders. Website holmescountydjfs.com.
Ohio Child Support Calculator. The official 2024 Income Shares calculator at ohiochildsupportcalculator.ohio.gov. Run it, print the worksheet, and sign it — the court requires it any time support is set or changed.

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.
Medina family law — Local attorneys and courts serving the Medina metro.
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