Emergency & Temporary Custody in Mercer County, Ohio

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

Mercer County, Ohio · Celina · General Division

When a child is at immediate risk, you may need fast court action. In Mercer County, emergency (ex parte) custody orders issue only in a genuine emergency; otherwise the General Division addresses temporary custody after service and a 14-day period.

How do I get emergency or temporary custody in Mercer County, Ohio?

In a pending divorce, legal separation, or annulment, either spouse can request temporary orders for custody, parenting time, and support under Civ.R. 75(N) (Loc.R. 15.04) — usually decided on Affidavit 5 and the financial affidavits. A same-day, one-sided (ex parte) custody order issues only in a genuine emergency supported by adequate affidavits showing immediate risk to the child (Loc.R. 15.05); otherwise the court addresses temporary custody after the other party is served and 14 days pass. The SO 1 restraint order, filed with the complaint, preserves the status quo. True safety emergencies are often better addressed through a protection order or a child-welfare referral to Mercer County DJFS.

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: Mercer County Court of Common Pleas — General Division (Clerk of Courts, Legal Division)

101 N Main St, Room 205, PO Box 28, Celina, OH 45822
Phone: (419) 586-6461
Hours: Monday 8:30 AM–5:00 PM; Tuesday–Friday 8:30 AM–4:00 PM
Website: www.mercercountyoh.gov/elected-officials/clerk-of-courts/

Juvenile Branch (Never-Married Parents)

Mercer County Court of Common Pleas — Probate/Juvenile Division
101 N Main St, Suite 307, Celina, OH 45822
Phone: (419) 586-1249
Hours: Monday 8:30 AM–5:00 PM; Tuesday–Friday 8:30 AM–4:00 PM

Emergency Custody is the right path if…

An emergency or temporary request fits in Mercer County if…

There is an immediate risk to the child that you can document with affidavits.
You have a pending divorce, legal separation, or annulment (or are filing one) in the General Division.
You need temporary custody, parenting time, support, or use of the home while the case proceeds.
You understand a same-day ex parte order issues only in a genuine emergency (Loc.R. 15.05).
You're prepared to use a protection order or a DJFS referral if the situation is a safety emergency.

Filing Fees

Temporary and ex parte requests are filed within your DR case (no separate deposit). A DVCPO petition has no filing deposit (Loc.R. 14.01). Confirm details with the Clerk at 419-586-6461.

Forms & Filing Packets

Temporary orders in a pending divorce (Civ.R. 75) — Filed within the divorce case (no separate deposit)

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.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.
Domestic Relations Restraint Order (Mercer SO 1) — Mercer County's mutual restraining order, filed with the divorce, legal-separation, or annulment complaint to preserve the status quo — restraining both spouses regarding marital assets, debts, insurance, and the children for the duration of the case.

Emergency (ex parte) custody — genuine emergency only — Filed within the divorce case (Loc.R. 15.05)

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.
Mercer County Common Pleas Local Rules of Court (Rules of Court 2026) — The General Division's local rules, including DR filing requirements (Rule 15), temporary and ex parte orders (Rules 15.04–15.05), parenting education / A-OK (Rule 21), post-decree motions (Rule 24), relocation (Rule 25), e-filing (Rule 29), and DVCPO procedure (Rule 14).

How to File Emergency Custody in Mercer County

Decide which tool fits. For an immediate safety threat, a DVCPO (protection order) or a DJFS child-welfare referral is often faster and more appropriate. For ordinary custody disputes while a divorce is pending, use temporary orders under Civ.R. 75.
File temporary orders. In a pending DR case, file a Motion & Affidavit for Temporary Orders (Affidavit 5) with your income and property affidavits (Loc.R. 15.04). These are usually decided on the affidavits, though either party may request a hearing.
Request an ex parte order only in a true emergency. An ex parte (same-day, one-sided) custody order issues only in a genuine emergency supported by adequate affidavits showing immediate risk (Loc.R. 15.05). You must make a good-faith effort to notify the other side.
Expect a prompt follow-up. If no ex parte order issues, the court addresses temporary custody after the other parent is served and 14 days pass. The SO 1 restraint order, filed with the complaint, protects marital assets and the children in the meantime.

Mercer County Practice Notes

Ex parte custody is reserved for genuine emergencies. No same-day, one-sided custody or visitation order issues except in a genuine emergency supported by adequate affidavits showing immediate risk to the child (Loc.R. 15.05). The local rules do not set a separate 'expedited' custody track — temporary custody is otherwise addressed after service and a 14-day period.
A protection order or DJFS referral may fit better. True safety emergencies are often better addressed through a domestic-violence protection order (no filing deposit, ex parte hearing the same day) or a child-welfare referral to Mercer County DJFS. After hours, call 419-586-7724 (Sheriff's Office); the statewide child-abuse hotline is 1-855-642-4453. In an emergency, call 911.
Two courts, two judges named Matthew. Mercer County splits family law between two courts in the same building. The Court of Common Pleas General Division (Judge Matthew K. Fox, Room 301) hears divorce, dissolution, legal separation, annulment, DR post-decree motions, and DVCPOs; cases are filed with the Clerk of Courts (Room 205). The combined Probate/Juvenile Division (Judge Matthew L. Gilmore, Suite 307) hears never-married parentage, custody, parenting time, and support. The same magistrate, Richard M. Delzeith, serves both courts.

Frequently Asked Questions

Can I get emergency (same-day) custody in a Mercer County divorce?: Only in a true emergency supported by adequate affidavits showing immediate risk to the child (Loc.R. 15.05). Otherwise the court addresses temporary custody after the other parent is served and 14 days pass. True safety emergencies are often better addressed through a protection order or a child-welfare referral to Mercer County DJFS.
What stops my spouse from emptying accounts during the divorce?: The SO 1 Domestic Relations Restraint Order, filed with the complaint, restrains both spouses regarding marital assets, debts, insurance, and the children for the duration of the case (Loc.R. 15.04; Standing Order 1).
Where do I get a domestic-violence protection order in Mercer County?: File a DVCPO petition (R.C. 3113.31) with the Common Pleas General Division on the statewide Supreme Court of Ohio forms. The court holds an ex parte hearing the same day you file and can issue a temporary order immediately; there is no filing deposit (Loc.R. 14.01). If the respondent is a juvenile, the Juvenile Court handles it. In an emergency call 911.
How do I change a custody, support, or parenting-time order in Mercer County?: File a motion in the same court that issued the order — the General Division for a divorce/dissolution case (a $350 post-decree motion), or the Juvenile Court for an unmarried-parent case ($200). A change of the residential parent generally requires a change in circumstances plus a best-interest finding (R.C. 3109.04).

Free Local Resources in Mercer County

Mercer County Clerk of Courts — Legal Division (divorce, dissolution, legal separation, annulment, CPO). Clerk Calvin Freeman, 101 N. Main St., Room 205, PO Box 28, Celina, OH 45822; (419) 586-6461; fax (419) 586-5826; clerk@mercercountycourts.com. Files all Domestic Relations and civil cases and confirms current deposits (divorce, dissolution, and post-decree motions are each a $350 deposit eff. 4/1/2024). No personal checks — cash, money order, or cashier's check, or pay online via LexisNexis. Court staff cannot give legal advice. Confirm the current amount and any e-filing registration (Common Pleas Loc.R. 29) with the Clerk before filing.
Mercer County Court of Common Pleas — General Division (hears all Domestic Relations cases). Judge Matthew K. Fox, Magistrate Richard M. Delzeith, 101 N. Main St., Room 301, Celina, OH 45822; (419) 586-2122; cpc@mercercountycourts.com. Decides divorce, dissolution, legal separation, annulment, DR post-decree, and domestic-violence civil protection orders. There is no separate Domestic Relations court.
Mercer County Probate/Juvenile Division (never-married parents, non-parent custody). Judge Matthew L. Gilmore, Suite 307 (3rd floor), 101 N. Main St., Celina, OH 45822; juvenile line (419) 586-1249 or (419) 586-2418; fax (419) 586-4506; https://mercercountycourts.com/index.php. Handles parentage, custody, parenting time, and support for never-married parents, plus grandparent and other non-parent custody. New custody/support/visitation/paternity cases carry a $200 deposit (plus a $25 stenographer's fee); confirm current amounts with the court.
Mercer County Child Support Enforcement Agency (CSEA). 220 W. Livingston St., Room B181, PO Box 649, Celina, OH 45822-0649; (419) 586-7961; toll-free 800-207-3597; fax (419) 586-2151; hours M–F 8:30 AM–4:00 PM. Opens IV-D child-support cases, establishes paternity administratively, runs wage withholding, distributes payments, and enforces orders.
A-OK Parenting Program (required for divorce/dissolution with minor children). Mercer County requires each parent in a divorce or dissolution with minor children to attend the A-OK Parenting Program before the final hearing (Common Pleas Loc.R. 21.02). Cost is a one-time $30 per person, paid at the class; you are registered automatically when you file, and the court mails your assigned date. The program runs 6:00–9:00 PM on the 4th Tuesday of January, March, May, July, September, and November in Room 303 of the courthouse. Juvenile (never-married) cases are generally not ordered into A-OK. Call (419) 586-2122 to reschedule.
Ohio Legal Help & legal aid. Ohio Legal Help (https://www.ohiolegalhelp.org/) has plain-English guides and the Ohio Supreme Court standardized forms for divorce, custody, support, and protection orders. Legal Aid of Western Ohio (LAWO) serves Mercer County for income-eligible residents — confirm the current intake line.

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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