Emergency & Temporary Custody in Monroe County

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

Monroe County, Ohio · Woodsfield

While a divorce, dissolution, or legal-separation case is pending, either parent can ask the court for temporary orders about custody, parenting time, support, or use of the home so the family has clear rules before the final decree. For an urgent child-safety situation, the court can issue an ex parte (emergency) order on the affidavits, with a prompt follow-up hearing. In Monroe County these requests go to the General Division (or the Juvenile Division for never-married parents).

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

While a divorce, dissolution, or legal-separation case is pending, file a Motion and Affidavit for Temporary Orders (Civ.R. 75) — commonly Affidavit 5 — asking the judge to set temporary custody, parenting time, support, or use of the home on the affidavits. For an urgent child-safety situation, ask for an ex parte order, which can issue quickly with a prompt follow-up hearing. File in the General Division (Clerk (740) 472-0761) for married parents or the Juvenile Division (Room 39, (740) 472-5790) for never-married parents. Temporary orders last until the final decree replaces them. In a true emergency call 911 or the Monroe County Sheriff at (740) 472-1612.

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: Monroe County Court of Common Pleas — General Division

101 North Main Street, Room 33, Woodsfield, OH 43793
Phone: (740) 472-0841
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.monroecountyohio.com/government/clerk_of_courts/common_pleas_court/index.php

Juvenile Branch (Never-Married Parents)

Monroe County Combined Probate/Juvenile Division
101 North Main Street, Room 39, Woodsfield, OH 43793
Phone: (740) 472-5790
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)

Emergency & Temporary Custody is the right path if…

You have a divorce, dissolution, or custody case pending (or are filing one now).
You need custody, parenting time, support, or use of the home decided before the final order.
There is an urgent child-safety concern requiring an ex parte order.
You want temporary stability while the case works toward a final decree.

Filing Fees

Temporary-order / ex parte motion deposit $60 (General Division) · $60 Juvenile reopen · fee waiver available · in a true emergency call 911 or the Monroe County Sheriff (740) 472-1612 · confirm current amounts with the Clerk (740) 472-0761

Forms & Filing Packets

Temporary orders while the case is pending — $60 motion deposit

File a Motion and Affidavit for Temporary Orders (Affidavit 5) so the judge can set temporary custody, parenting time, support, or use of the home on the affidavits without an oral hearing.

Motion and Affidavit for Temporary Orders Without Oral Hearing (Ohio SC Affidavit 5) — Asks the judge to set temporary custody, parenting time, child support, spousal support, or use of the home on the affidavits while a divorce, dissolution, or legal-separation case is pending; also used to seek ex parte (emergency) relief.
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).

Ex parte (emergency) custody — $60 motion deposit

For an immediate child-safety situation, ask for an ex parte order; the court can rule on the affidavits quickly and set a prompt follow-up hearing. In a true emergency call 911 or the Sheriff at (740) 472-1612.

Motion and Affidavit for Temporary Orders Without Oral Hearing (Ohio SC Affidavit 5) — Asks the judge to set temporary custody, parenting time, child support, spousal support, or use of the home on the affidavits while a divorce, dissolution, or legal-separation case is pending; also used to seek ex parte (emergency) relief.
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.

How to File Emergency & Temporary Custody in Monroe County

Confirm a case is pending. Temporary orders are part of a pending divorce, dissolution, legal-separation, or Juvenile custody case — file or open the underlying case if you haven't already.
Prepare the affidavit. Complete the Motion and Affidavit for Temporary Orders (Affidavit 5) with a current financial affidavit and, with children, the UCCJEA affidavit (Affidavit 3); sign in blue ink.
File and request ex parte relief if urgent. File with the $60 deposit (or a fee waiver); for a genuine child-safety emergency ask the court for an ex parte order on the affidavits.
Attend the follow-up hearing. If an ex parte order issues, attend the prompt follow-up hearing where both sides present evidence; temporary orders stay in place until the final decree replaces them.

Monroe County Practice Notes

Temporary orders need a pending case. Civ.R. 75 temporary orders are requested inside a pending divorce, dissolution, or legal-separation case (or a Juvenile custody case). Affidavit 5 lets the judge rule on the affidavits; attach a current financial affidavit and, with children, the UCCJEA affidavit (Affidavit 3).
Ex parte relief for genuine emergencies. For an urgent danger to the child, the court can issue an ex parte order quickly and set a prompt follow-up hearing where both sides are heard. Temporary orders last until the final decree replaces them. For immediate physical danger, call 911 or the Monroe County Sheriff at (740) 472-1612; a domestic-violence Civil Protection Order may also fit.

Frequently Asked Questions

Can I get custody decided before my Monroe County divorce is final?: Yes. While a divorce, dissolution, or legal-separation case is pending, either spouse can ask for temporary orders (Civ.R. 75) about custody, parenting time, support, or use of the home, commonly using Affidavit 5 so the judge can rule on the affidavits. For an urgent child-safety situation you can seek an ex parte order with a prompt follow-up hearing. Temporary orders last until the final decree replaces them.
How fast can I get a protection order in Monroe County?: The Court reviews a petition the same day and can issue an ex parte order if it shows an immediate danger. A full hearing is generally set within 7–10 days, where both sides present evidence and the Court may issue a final CPO. The Court recommends scheduling a pre-filing appointment by calling (740) 472-0841 (third floor); use the statewide Supreme Court protection-order forms.
When does Monroe County appoint a Guardian ad Litem?: In a contested custody case the Court can appoint a Guardian ad Litem (GAL) — a neutral who investigates and recommends what is in the child's best interest (Common Pleas Local Rule XVII, tracking Sup.R. 48). Monroe County has no fixed GAL fee schedule; GAL fees and expenses are set by the Court in the appointment order and allocated between the parties.
Do I file in the General Division or Juvenile Court in Monroe County?: If you are married to (or were married to) the other parent, custody, parenting time, and child support are decided inside your divorce, dissolution, legal separation, or annulment in the General Division (Clerk (740) 472-0761). If you were never married, paternity and custody are handled by the combined Probate/Juvenile Division in Room 39 (Juvenile (740) 472-5790) under Hon. James W. Peters. Grandparent and other non-parent custody requests are always filed in the Juvenile Division.

Free Local Resources in Monroe County

Monroe County Clerk of Courts (General Division). Current filing fees, deposit amounts, and filing instructions for divorce, dissolution, legal separation, and annulment. Clerk Beth Ann Rose, Room 26; call (740) 472-0761 before filing. The county uses the Ohio Supreme Court standardized forms and accepts e-filing through the Henschen portal (https://efile.henschen.com/).
Monroe County Combined Probate/Juvenile Division. Handles never-married-parent custody, parentage, parenting time, and child support, plus non-parent custody and adoptions, under Hon. James W. Peters in Room 39. Juvenile line (740) 472-5790; Probate line (740) 472-1654.
Monroe County Child Support Enforcement Agency (CSEA / DJFS). Housed in the Monroe County Department of Job and Family Services at 100 Home Avenue, Woodsfield. Prepares the support worksheet for free, opens IV-D cases, runs wage withholding, distributes payments, and enforces orders. Phone (740) 472-1602.
Parenting Session — OSU Extension. The two-hour 'Helping Children Cope With Divorce' session required under Local Rule XV. Register through OSU Extension at (740) 472-0810; the fee is $10 under the rule / $15 per the Court's class page — confirm when you register.
Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.

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