Emergency & Temporary Custody in Licking County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 17, 2026
Licking County, Ohio · Newark
When a child's safety or the status quo is at immediate risk during a Domestic Relations case, you can ask for temporary orders or ex parte (emergency) relief. Temporary orders are usually requested with the complaint and decided by the assigned magistrate; an ex parte order is issued without first hearing the other side only in genuine emergencies, with a prompt follow-up hearing.
How do I get an emergency custody order in Licking County, Ohio?
In a Domestic Relations case, you can request temporary orders (temporary custody, parenting time, support, or exclusive use of the home) — usually with the complaint — and they are decided by the assigned magistrate. For a genuine emergency, file the county Ex Parte Motion Form to ask for relief without first hearing the other side; if the court grants ex parte relief, it sets a prompt follow-up hearing where both sides are heard. For domestic-violence emergencies, a civil protection order is often the faster tool. Confirm the ex parte standard and timing with the court at (740) 670-5400.
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: Licking County Domestic Relations Court
75 East Main Street, Newark, OH 43055Phone: (740) 670-5400
Hours: Monday–Friday, 8:00 a.m.–Noon and 1:00 p.m.–4:30 p.m.
Website: lickingcounty.gov/depts/domestic/default.htm
e-Filing: https://efileoh.tylertech.cloud/OfsEfsp/ui/landing
Juvenile Branch (Never-Married Parents)
Licking County Probate & Juvenile Court
1 North Park Place, Newark, OH 43055
Phone: (740) 670-5624
Hours: Monday–Friday (call the court to confirm current hours)
Emergency Custody is the right path if…
- A child's safety or the established status quo is at immediate risk during a pending Domestic Relations case.
- You need temporary custody, parenting time, support, or exclusive use of the home while the case is pending.
- You can support the request with a sworn affidavit of the emergency facts.
- If there is a threat of domestic violence, you are also considering a civil protection order.
Filing Fees
Emergency and temporary-order requests are filed within your Domestic Relations case, so they follow that case's deposit. A DVCPO petition has no filing fee. A fee waiver is available if you can't afford the deposit. Confirm current amounts with the Licking County Clerk of Courts at (740) 670-5400 before filing.
Forms & Filing Packets
Ex parte (emergency) relief — Filed within your Domestic Relations case (no separate ex parte deposit) — confirm with the Clerk
Used only in genuine emergencies. The county Ex Parte Motion Form asks for relief without first hearing the other side; the court then sets a prompt follow-up hearing.
- Ex Parte Motion Form (Licking County Domestic Relations Court) — The county form used to request urgent temporary relief without first hearing from the other side, in genuine emergencies during a Domestic Relations case. The court then sets a prompt follow-up hearing where both sides are heard.
- Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Temporary orders by motion — Filed within your Domestic Relations case — confirm with the Clerk
Used for non-emergency interim relief during a pending case. Temporary custody, parenting time, support, or exclusive use of the home, decided by the assigned magistrate.
- 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.
- 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.
How to File Emergency Custody in Licking County
- Decide emergency vs. temporary relief. A genuine emergency (immediate risk before the other side can be heard) calls for the Ex Parte Motion Form; otherwise request temporary orders by motion.
- Prepare a sworn affidavit of the facts. Document the emergency or the interim need with a current Financial Affidavit and an affidavit of the facts supporting the request.
- File within your Domestic Relations case. File the Ex Parte Motion Form or a Motion for Temporary Orders in your pending case with the Clerk at 75 E. Main Street, Newark.
- Attend the follow-up or temporary-orders hearing. If ex parte relief is granted, the court sets a prompt follow-up hearing where both sides are heard; temporary orders are decided by the assigned magistrate.
Licking County Practice Notes
- Ex parte relief is reserved for genuine emergencies. An ex parte order is issued without first hearing from the other side only in genuine emergencies. The court then sets a prompt follow-up hearing where both sides are heard. Confirm the court's exact ex parte standard and supporting-affidavit requirements from the Rules of Court – 2026 or by calling (740) 670-5400.
- Temporary orders ride along with the case. Temporary orders (temporary custody, parenting time, support, exclusive use of the home) are typically requested with the complaint and decided by the assigned magistrate while the case is pending.
- Domestic violence: consider a protection order. For domestic-violence emergencies, a civil protection order is often the faster tool when there is a threat of harm. CPO packets are obtained through the Clerk's Office at 75 E. Main Street, Newark; there is no filing fee, and a petitioner alleging immediate danger may request an ex parte order the same day.
Frequently Asked Questions
- How do I get an emergency (ex parte) order in Licking County?
- When a child's safety or the status quo is at immediate risk during a Domestic Relations case, file the county Ex Parte Motion Form. An ex parte order is issued without first hearing from the other side only in genuine emergencies; the court then sets a prompt follow-up hearing where both sides are heard. For domestic-violence emergencies, a civil protection order is often the faster tool. Confirm the ex parte standard with the court at (740) 670-5400.
- Can I get temporary orders during my Licking County case?
- Yes. In a pending Domestic Relations case you can ask for temporary custody, parenting time, support, or exclusive use of the home — usually with the complaint — and the assigned magistrate decides them. For a genuine emergency, the county Ex Parte Motion Form asks for relief without first hearing the other side, after which the court sets a prompt follow-up hearing.
- How do I get a domestic-violence protection order in Licking County?
- CPO packets are obtained through the Clerk's Office at 75 E. Main Street, Newark (8:00 a.m.–4:30 p.m.). There is no filing fee. A petitioner who alleges immediate and present danger may request an ex parte order the same day; the court then sets a full hearing (generally within about 7–10 days). CPO petitions cannot be e-filed. The Center for New Beginnings helps victims with forms and safe housing at (740) 345-4498 or 1-800-686-2760.
Free Local Resources in Licking County
- Licking County Clerk of Courts — Domestic Relations. 75 East Main Street, Newark, OH 43055; (740) 670-5400, fax (740) 670-5419. Provides current filing deposits, the Domestic Relations forms, rules & guides page (https://lickingcounty.gov/depts/domestic/forms_rules.htm), and CPO packets. Clerk of Common Pleas: Olivia C. Parkinson.
- Licking County Child Support Enforcement Agency (CSEA). 65 East Main Street, Newark, OH 43055; (740) 670-5998 or 1-800-513-1128 (https://lickingcounty.gov/depts/csea/). Opens IV-D cases, sets and collects support by wage withholding, and enforces orders. CSEA enforces the court's order; it does not represent either parent.
- Parenting seminar — "Helping Children Succeed After Divorce" (The Woodlands). Required for everyone with minor children who files for divorce or dissolution. About 90 minutes online or a 2-hour in-person class. Register at www.thewoodland.org or (740) 349-7066 (online tech support ext. 241).
- Licking County Domestic Relations Mediation. Mediation Coordinator Christopher R. Meyer, (740) 670-5409 (https://lickingcounty.gov/depts/domestic/mediation.htm). Offers assessment and referral to a court-approved mediator for divorce and post-divorce parenting disputes. A domestic-violence victim may decline mediation or bring a support person.
- The Center for New Beginnings (domestic-violence help). Helps victims obtain a protection order and offers free confidential housing and services: (740) 345-4498 or (740) 349-8719, toll-free 1-800-686-2760.
- Legal Aid of Southeast and Central Ohio (SEOLS) — Newark. 15 West Locust Ave., Suite A, Newark, OH 43055; (740) 345-0850 or 1-888-831-9412. Free civil legal help for those who qualify.
Other Family-Law Topics in Licking County
- Licking County Divorce — Full filing guide with forms, the $400 fee, and the parenting seminar.
- Licking 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.
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