Emergency & Temporary Orders in Miami County

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

Miami County, Ohio · Troy

While a divorce, legal separation, or dissolution is pending, a parent can ask the court for temporary orders that stay in effect until the final decree — temporary custody, parenting time, child support, spousal support, or restraints on a spouse's conduct. For a child-safety emergency, contact law enforcement and the Children's Services Board.

How do I get a temporary or emergency order in Miami County, Ohio?

File Affidavit 5 (Motion/Affidavit for Temporary Orders Without Oral Hearing) with a proposed Magistrate's Order to ask for temporary custody, parenting time, child support, or spousal support (Local R. 8.02) — failing to submit the proposed order results in dismissal of the motion. A temporary restraining order is filed as a separate motion with an affidavit sworn to absolutely; if meritorious, the Judge or Magistrate may grant it ex parte the same day, and the Clerk serves the other party (Local R. 8.05). If a child is in immediate danger, call law enforcement and the Miami County Children's Services Board, and for abuse threats consider a civil protection order.

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: Miami County Court of Common Pleas, General Division

215 W. Main Street, Troy, OH 45373
Phone: (937) 440-3930
Hours: Monday–Friday (confirm current hours with the Clerk of Courts, (937) 440-6046)
Website: www.miamicountyohio.gov/common-pleas/

Juvenile Branch (Never-Married Parents)

Miami County Juvenile Court
2040 North County Road 25-A, Troy, OH 45373
Phone: (937) 440-5970
Hours: Monday–Thursday 8:00 a.m.–4:00 p.m.; Friday 8:30 a.m.–4:00 p.m. (Local Juv. R. 18.01)

Emergency & Temporary Orders is the right path if…

You have a divorce, legal separation, or dissolution pending (or are filing one).
You need temporary custody, parenting time, child support, or spousal support now.
You need to restrain a spouse from specific conduct while the case proceeds.
There is an urgent issue that cannot wait for the final decree.

If the emergency is about safety from an abuser, a civil protection order is a faster, no-fee track. See protection orders.

Filing Fees

Temporary orders are part of the pending divorce/dissolution case · Affidavit 5 must include a proposed Magistrate's Order or the motion is dismissed (Local R. 8.02) · a TRO may be granted ex parte the same day (Local R. 8.05) · for a child-safety emergency, call 911.

Forms & Filing Packets

Temporary custody, parenting time, or support — Part of the pending divorce/dissolution case

File Affidavit 5 with a proposed Magistrate's Order; the Magistrate can decide temporary orders without an oral hearing (Local R. 8.02).

Affidavit 5 — Motion/Affidavit for Temporary Orders Without Oral Hearing — Asks the Magistrate for temporary custody, parenting time, child support, or spousal support while the case is pending. Submit a proposed Magistrate's Order with it (Local R. 8.02).
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.

Temporary restraining order (TRO) — Part of the pending divorce/dissolution case

A TRO is filed as a separate motion supported by an affidavit sworn to absolutely; the Judge or Magistrate may grant it ex parte the same day (Local R. 8.05).

Affidavit 5 — Motion/Affidavit for Temporary Orders Without Oral Hearing — Asks the Magistrate for temporary custody, parenting time, child support, or spousal support while the case is pending. Submit a proposed Magistrate's Order with it (Local R. 8.02).
Miami County Domestic Relations Forms (index page) — The county's Domestic Relations forms page, organized by case type. The General Division of the Common Pleas Court hears all DR matters — there is no separate Domestic Relations court. Do not print these forms double-sided.

How to File Emergency & Temporary Orders in Miami County

File or join a DR case. Temporary orders are available while a divorce, legal separation, or dissolution is pending, so file or be in that case first.
Prepare Affidavit 5 with a proposed order. Complete Affidavit 5 for temporary custody, parenting time, or support and attach a proposed Magistrate's Order (Local R. 8.02).
Add a TRO if needed. If you need to restrain the other party's conduct, file a separate TRO motion with an affidavit sworn to absolutely; it may be granted ex parte the same day (Local R. 8.05).
Use the protection-order track for safety. If the emergency is about safety from an abuser, file a no-fee domestic-violence civil protection order, which can issue ex parte the same day.

Miami County Practice Notes

Submit the proposed Magistrate's Order. An Affidavit 5 temporary-orders motion must include a proposed Magistrate's Order; failing to submit it results in dismissal of the motion (Local R. 8.02). The order names a temporary residential parent, sets parenting time, and sets child support by worksheet.
True child-safety emergencies go to Juvenile / law enforcement. If a child is in immediate danger, contact law enforcement and the Miami County Children's Services Board. Emergency removal and dependency matters are handled in the Juvenile Division, not through a DR temporary-orders motion.

Frequently Asked Questions

Can I get temporary orders while my Miami County case is pending?: Yes. Either party can ask for temporary custody, parenting time, child support, or spousal support by filing Affidavit 5 (Motion/Affidavit for Temporary Orders Without Oral Hearing) with a proposed Magistrate's Order (Local R. 8.02). Failing to submit the proposed order results in dismissal of the motion. A temporary restraining order is filed as a separate motion with a sworn affidavit and may be granted ex parte the same day if the affidavit shows it is warranted (Local R. 8.05). Temporary orders last until changed or until the final decree.
How fast can I get a protection order in Miami County?: An ex parte domestic-violence civil protection order can be granted the same day you file if your petition and affidavit show an immediate danger (R.C. 3113.31). The ex parte order protects you until a full hearing is held within the statutory window, where the court decides whether to issue a longer-term order. There is no filing fee or bond. Protection orders are filed in paper with the Clerk; in an emergency, call 911.
How do I get a protection order in Miami County?: File a petition for a domestic-violence civil protection order (R.C. 3113.31) in PAPER with the Clerk of Courts (E-Filing Local Rule 22(J)(2)) using the Supreme Court of Ohio DV protection-order forms. There is no filing fee or bond charged to the petitioner (R.C. 3113.31(K)). An emergency ex parte order can issue the same day, followed by a full hearing. For a stalking or sexually-oriented-offense protection order, use the SOO/CPO packet at Ohio Legal Help. In an emergency, call 911.
Which court handles family-law cases in Miami County?: The General Division of the Miami County Court of Common Pleas (215 W. Main Street, Troy) hears all divorce, dissolution, legal separation, and annulment cases — Judges Jeannine Pratt and Stacy Wall also constitute the Domestic Relations Division, so there is no separate Domestic Relations court. The Juvenile Court (2040 N. County Road 25-A, Troy; (937) 440-5970) handles parentage, custody, support, and parenting time for unmarried parents and non-parent legal custody. The Probate Court (215 W. Main St.; (937) 440-6050) handles adoptions and name changes. DR documents are filed through the Clerk of Courts, (937) 440-6046.

Free Local Resources in Miami County

Miami County Clerk of Courts (Common Pleas / Domestic Relations). 215 W. Main Street, Troy, OH 45373; (937) 440-6046. Files all Domestic Relations documents and collects deposits through the e-file system (mandatory as of June 1, 2026). Confirm the current divorce/dissolution/legal-separation deposit here, or file an Affidavit of Indigency to seek a waiver.
Miami County Domestic Relations Forms. https://www.miamicountyohio.gov/domestic-relations-forms/ — the county's DR forms, organized by case type, plus Appendix A (the required-filings checklist). Do not print forms double-sided.
Parenting seminar — "Helping Children Succeed After Divorce". https://www.miamicountyohio.gov/parenting-seminar/ — required for parents of children under 18 in a divorce, dissolution, or paternity case (Local R. 8.06). Sessions are Wednesday mornings (~2.5 hours); complete before the dissolution decree is filed or within 45 days of service. Reschedule through the assigned Magistrate's office.
Miami County Juvenile Court. 2040 North County Road 25-A, Troy, OH 45373; (937) 440-5970 (Clerk, option 2); juvenilefile@miamicountyohio.gov. Judge Scott Altenburger. Decides parentage, custody, support, and parenting time for unmarried parents and non-parent legal custody. Paternity/custody/visitation: $135.00 per child (no fee to CSEA or Children's Services).
Miami County Child Support Enforcement Agency (CSEA). https://www.miamicountyohio.gov/child-support-enforcement-agency-csea/ — opens IV-D cases, calculates support, collects by wage withholding through Ohio Child Support Payment Central, and enforces orders. No filing fee is charged to CSEA (Local Juv. R. 4.06).
Miami County Probate Court. 215 W. Main Street, Troy, OH 45373; (937) 440-6050. Judge Scott Altenburger. Handles adoptions, name changes, marriage licenses, and minor guardianships. Accepts the Supreme Court of Ohio Probate standardized forms plus local forms.

Related to your emergency orders 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 orders 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.
Dayton family law — Local attorneys and courts serving the Dayton metro.
Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.

Call (513) 643-1969 or email support@gavvl.com.