Emergency Custody in Madison County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Madison County, Ohio · London
When a child faces an immediate risk of harm, you can ask the Madison County Juvenile Division for emergency (immediate) custody. There is a separate form depending on whether you are opening a new case or already have one. If a child is in immediate danger, call 911 first.
How do I file for emergency custody in Madison County, Ohio?
File in the Madison County Juvenile Division, 1 N. Main St., London. If you do not already have a case, use the Petition for Emergency Custody (new case); if a case is already open, use the Motion for Emergency Custody (preexisting case). File the Parenting Proceeding Affidavit with it and explain the immediate risk to the child. A new Juvenile case carries a $200 deposit. The court reviews the request and applies the best-interest standard under R.C. 3109.04; if a child is in immediate danger, call 911. The court may appoint a Guardian ad Litem.
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: Madison County Court of Common Pleas, General Division
1 N. Main Street, London, OH 43140Phone: (740) 852-9776
Hours: Monday–Friday (confirm current public-counter hours with the Clerk)
Website: www.co.madison.oh.us/departments/court_system/common_pleas/index.php
Emergency Custody is the right path if…
- A child faces an immediate risk of harm or neglect.
- You need the court to act quickly to protect the child.
- The current arrangement is unsafe and cannot wait for a normal hearing.
- You are a parent or other party with standing to ask for custody.
Filing Fees
$200 Juvenile deposit for a new emergency-custody case · GAL adds $2,000 (request within 90 days) · confirm current amounts with the Juvenile Division · call 911 if a child is in immediate danger
Forms & Filing Packets
Emergency custody — new case — $200 Juvenile deposit (new case)
File the Petition for Emergency Custody (new case) with the Parenting Proceeding Affidavit, explaining the immediate risk to the child.
- Petition for Emergency Custody (new case) — Madison County Juvenile — Opens a new Juvenile case asking for emergency (immediate) custody where a child faces an immediate risk of harm. File the Parenting Proceeding Affidavit with it.
- Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.
Emergency custody — preexisting case
If a case is already open, file the Motion for Emergency Custody (preexisting case) with the Parenting Proceeding Affidavit.
- Motion for Emergency Custody (preexisting case) — Madison County Juvenile — Asks for emergency (immediate) custody in a Juvenile case that is already open, where a child faces an immediate risk of harm.
- Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.
How to File Emergency Custody in Madison County
- Address immediate danger first. If a child is in immediate danger, call 911; you can also report abuse or neglect to the statewide hotline at 1-855-642-4453.
- Choose the right form. Use the Petition for Emergency Custody (new case) if you have no open case, or the Motion for Emergency Custody (preexisting case) if a case is already open.
- File with the affidavit. File at the Juvenile Division, 1 N. Main St., London, with the Parenting Proceeding Affidavit, explaining the immediate risk; a new case carries a $200 deposit.
- Attend the hearing. The court reviews the request, applies the R.C. 3109.04 best-interest factors, and may set a prompt hearing and appoint a Guardian ad Litem.
Madison County Practice Notes
- Juvenile Division uses its own local form set. Unmarried-parent parentage, custody, support, and parenting-time cases are filed in the Probate & Juvenile Court (Judge Christopher J. Brown, 1 N. Main St., London, (740) 852-0760) using its local PDF forms. The court is open 8:00 a.m.-4:00 p.m. M-F; self-represented parents reactivating a case by motion are not accepted after 3:30 p.m. (Juv. Loc.R. 3).
- Guardian ad Litem in Juvenile cases ($2,000; request within 90 days). In a contested Juvenile custody or parenting case the court can appoint a Guardian ad Litem. A GAL adds a $2,000 deposit, and the request must be made within 90 days of the original complaint or motion or it is waived (Juv. Loc.R. 25).
- Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.
Frequently Asked Questions
- Which court handles family-law cases in Madison County?
- The General Division of the Madison County Court of Common Pleas (Judge Eamon P. Costello, 1 N. Main St., London) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court, and most domestic matters are referred to a magistrate (C.P. Loc.R. 6.1). The combined Probate & Juvenile Court (Judge Christopher J. Brown, 1 N. Main St., London) handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, R.C. 2151.23) and adoptions (Probate). Domestic-relations cases are filed through the Clerk of Courts at (740) 852-9776.
- What does it cost to file a custody, paternity, or support case in the Madison County Juvenile Division?
- Under Appendix A of the Juvenile Local Rules, a new or modified custody, parentage, child-support, or visitation case is a $200 deposit; a motion for change of custody for school purposes only is $100; and a contempt motion is $100. Publication is $75, and a Guardian ad Litem adds a $2,000 deposit (request within 90 days, Juv. Loc.R. 25). The Clerk may demand up to $150 more if the deposit is insufficient. Fees change — confirm with the Juvenile Division at (740) 852-0760.
- When does Madison County appoint a Guardian ad Litem?
- In a contested custody, parenting-time, or allocation-of-parental-rights case, the court can appoint a Guardian ad Litem to investigate and recommend what is in the child's best interest. In the General Division the GAL / home-investigation deposit is $400 per party (C.P. Loc.R. 4.1). In the Juvenile Division a GAL adds a $2,000 deposit, and the request must be made within 90 days of the original complaint or motion (Juv. Loc.R. 25).
- Married vs. never-married parents — which court decides custody in Madison County?
- If you are or were married, custody and parenting time are decided as part of the divorce, dissolution, or legal separation in the General Division of the Court of Common Pleas. If the parents were never married, parentage, custody, support, and parenting time are decided in the Juvenile Division (R.C. 2151.23) using the Juvenile Division's local forms.
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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