Emergency Custody in Montgomery County

Montgomery County, Ohio · Dayton

When a child faces immediate danger, you can ask a Montgomery County court for an emergency (ex parte) custody order — temporary custody granted quickly, sometimes without advance notice to the other parent. Under Mont. D.R. Rule 3.3, the court sets a hearing within 10 calendar days. Ex parte relief is the exception and requires a sworn affidavit of specific facts.

How do I get emergency custody in Montgomery County, Ohio?

File an emergency (ex parte) motion for temporary custody with a sworn affidavit describing the specific, immediate danger to the child — in the Montgomery County DR Court (301 West Third Street) if a divorce or custody case is open between married parents, or the Juvenile Court (380 West Second Street) for never-married parents. Under Mont. D.R. Rule 3.3, the court holds a hearing within 10 calendar days. If there is domestic violence, a Civil Protection Order can also grant temporary custody the same day.

Where to File: Montgomery County Court of Common Pleas, Domestic Relations Division

301 West Third Street, 2nd & 3rd Floor, Dayton, OH 45422, Dayton, OH 45422
Phone: (937) 225-4063
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m. (closed for lunch 12:00–1:15 p.m.)
Website: drcourt.mcohio.org
e-Filing: https://mcclerkofcourts.org/

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, Dayton, OH 45422, Dayton, OH 45422
Phone: (937) 496-7908
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Emergency Custody is the right path if…

A child is in immediate danger or at risk of imminent harm.
You can describe specific facts in a sworn affidavit — not general worry.
Waiting for a normal hearing date would put the child at risk.
Ohio is the child's home state under the UCCJEA.

Filing Fees

Filed within an existing or new custody case · DV-based emergency custody can be obtained through a no-fee Civil Protection Order

Forms & Filing Packets

Emergency custody in Domestic Relations (married/divorced parents)

Filed where a divorce or custody case is pending between married parents. The supporting affidavit must show why notice cannot wait. A hearing is set within 10 calendar days (Mont. D.R. Rule 3.3).

Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
Affidavit of Financial Disclosure (DR Appendix Form 1) — Filed with an emergency custody motion when support and exclusive use of the home are also at issue.

Emergency custody at Juvenile Court (never-married parents)

Filed at the Montgomery County Juvenile Court, 380 West Second Street. Citizen Services can provide the Allocation of Parental Rights Packet; the emergency motion and supporting affidavit are filed alongside it.

Complaint for Allocation of Parental Rights & Responsibilities — Asks the Montgomery County Juvenile Branch to designate a residential parent and legal custodian and set a parenting time schedule when parents were never married.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.

How to File Emergency Custody in Montgomery County

Assess immediate danger. Emergency custody is for real, imminent risk of harm. If the child is in danger right now, contact law enforcement or 911 first.
Write a specific affidavit. Describe concrete, recent facts — dates, incidents, witnesses — showing why the court must act before notice can be given.
File in the right court. DR if a case is open between married parents; Juvenile for never-married parents. Consider a Civil Protection Order if there is domestic violence.
Prepare for the 10-day hearing. The court sets a hearing within 10 calendar days (Rule 3.3). Bring evidence and witnesses to support continuing the order.

Montgomery County Practice Notes

Hearing within 10 days. Montgomery DR sets ex parte custody motions for hearing within 10 calendar days under Mont. D.R. Rule 3.3. An ex parte order is temporary — the full hearing decides whether it continues.
Ex parte relief is the exception. Courts grant emergency custody without notice only when the affidavit shows specific facts of immediate danger. General conflict or disagreement is not enough; document concrete, recent events.
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

Do I file in Domestic Relations or Juvenile Court in Montgomery County?: If you are married to the other parent (or were married when the children were born), custody, parenting time, and child support travel with the divorce, dissolution, legal separation, or annulment at the Domestic Relations Court, 301 W. Third Street. If you were never married, paternity and custody go to the Montgomery County Juvenile Court at 380 W. Second Street — a separate building in downtown Dayton. Grandparent and non-parent custody is always Juvenile.
How long does a Montgomery County case usually take?: Dissolution: 30–90 days from filing to the final hearing (Mont. D.R. Rule 3.2). Uncontested divorce or legal separation: 4–6 months. Contested divorce: 6–18 months depending on temporary-orders activity and the assigned Judge's calendar. Ex parte custody motions are set for hearing within 10 calendar days (Rule 3.3). Civil Protection Orders: ex parte order the same day if filed by 3:30 p.m.; final order can last up to 5 years.
What does it mean for Ohio to be my child's 'home state' under the UCCJEA?: Under the UCCJEA (R.C. 3127), Ohio is the children's home state when they have lived in Ohio with a parent for at least 6 consecutive months immediately before the filing. If the children recently moved, the prior state may still have jurisdiction. Ohio courts can also decline jurisdiction as an inconvenient forum under R.C. 3127.21 even when home-state requirements are met.

Free Local Resources in Montgomery County

Montgomery County DR Court — Ohio Legal Help Self-Help Portal. Free step-by-step interviews and fillable forms for Montgomery County divorce, dissolution, legal separation, annulment, custody, support, and protection-order cases at mcdrc.ohiolegalhelp.org.
Montgomery County DR Court Navigator & Legal Clinic. The Court Navigator (Room 222, (937) 496-7766) and the free virtual Legal Clinic with the Greater Dayton Volunteer Lawyers Project (2nd Tuesday and 3rd Thursday monthly) help self-represented parties understand procedures and complete forms.
Montgomery County Juvenile Court Citizen Services. Free pro se assistance for custody, parenting time, child support, paternity, contempt, and grandparent filings at (937) 224-3977, citizen.services@mcjcohio.org — walk-in Monday/Tuesday, by appointment Wednesday–Friday.
Montgomery County CSEA. The county IV-D child-support agency at (937) 225-4600, 1111 S. Edwin C. Moses Blvd., opens cases, runs wage withholding, distributes payments, and enforces orders.

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.

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 +1-844-694-2885 or email support@gavvl.com.