Emergency & Temporary Custody in Morgan County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Morgan County, Ohio · McConnelsville
While a divorce, dissolution, or legal-separation case is pending, either spouse can ask the Morgan County Domestic Relations Division for temporary orders — short-term decisions about custody, parenting time, support, or who stays in the home — to hold things steady until the case ends. In urgent situations you can ask for an ex parte (same-day, without the other side present) order. A temporary or emergency order is not a final custody decision.
How do I get emergency or temporary custody in Morgan County, Ohio?
Within your pending divorce, dissolution, or legal-separation case in the Domestic Relations Division, file a Motion for Temporary Orders (Civ.R. 75) — Ohio's Affidavit 5 (Motion and Affidavit for Temporary Orders Without Oral Hearing) is commonly used so the judge can rule on the affidavits. For ex parte relief, file a motion and supporting affidavit showing an immediate risk; the judge may grant short-term relief at once and set a prompt follow-up hearing. The temporary order governs until it's modified or the final decree replaces it. For an unmarried-parent emergency, the case is in the Juvenile Division (740-962-2861); if a child is in immediate danger, call 911.
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: Morgan County Court of Common Pleas — Domestic Relations Division
19 East Main Street, 2nd Floor, McConnelsville, OH 43756Phone: (740) 962-3371
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.morgancocourtsoh.gov/Domestic-Relations/
Juvenile Branch (Never-Married Parents)
Morgan County Court of Common Pleas — Juvenile Division
19 East Main Street, 2nd Floor (Favreau Room), McConnelsville, OH 43756
Phone: (740) 962-2861
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Emergency Custody is the right path if…
- You have a divorce, dissolution, or legal-separation case pending and need parenting or support decided now.
- A child faces an immediate risk and you need emergency relief before a full hearing.
- You need temporary use of the home or temporary support while the case proceeds.
- You understand a temporary order is interim and the final decision comes in the decree.
Filing Fees
Typically filed within the existing Domestic Relations case (no new complaint deposit); a post-decree motion deposit ($120) may apply if the case is already concluded · confirm the court's temporary-order procedure with the Clerk at 740-962-3371
Forms & Filing Packets
Temporary orders in a pending divorce or dissolution — Filed within the existing case (no new complaint deposit)
File a Motion for Temporary Orders using Affidavit 5 so the judge can rule on the affidavits, with Affidavit 1 (income) and Affidavit 2 (property) supporting your request. For ex parte relief, attach an affidavit showing the immediate risk.
- 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).
- 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.
How to File Emergency Custody in Morgan County
- Confirm there's a pending case. Temporary orders are requested inside a pending divorce, dissolution, or legal-separation case in the Domestic Relations Division; unmarried-parent emergencies go to the Juvenile Division.
- Prepare the motion and affidavit. Complete a Motion for Temporary Orders with Affidavit 5 (so the judge can rule on the affidavits), supported by Affidavit 1 (income) and Affidavit 2 (property).
- Request ex parte relief if urgent. If a child faces immediate risk, file a motion and affidavit showing the danger; the judge may grant short-term relief at once and set a prompt follow-up hearing.
- Attend the follow-up hearing. The other parent may file a counter-affidavit or request an oral hearing; the temporary order governs until modified or replaced by the final decree.
Morgan County Practice Notes
- Ex parte relief is interim only. An ex parte order can issue quickly — often the same or next business day — on a sworn showing of immediate risk, with a follow-up hearing set shortly after where the other parent can respond. Temporary orders last until they're modified or the final decree replaces them; the final allocation of parental rights comes in the decree, not the temporary order.
- Married vs. unmarried emergencies route differently. Temporary orders for married or divorcing parents are filed in the Domestic Relations Division within the pending case. A genuine child-safety emergency outside a pending divorce — or for unmarried parents — may instead involve the Juvenile Division (740-962-2861) and the Morgan County DJFS (children services). If a child is in immediate danger, call 911.
- No e-filing — file in person or by mail. The court's online CourtView eServices portal is a public case-records search only; Morgan County does not offer electronic filing of new family-law cases. File in person or by mail with the Clerk at the courthouse. Confirm accepted payment methods with the Clerk before you go (the court's general filing line is 740-962-3371).
Frequently Asked Questions
- Can I get custody decided before my Morgan 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, which can issue the same or next business day with a prompt follow-up hearing. Temporary orders last until the final decree replaces them.
- Do I file in Domestic Relations or Juvenile Court in Morgan 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 Domestic Relations Division (740-962-3371). If you were never married, paternity and custody are handled by the Juvenile Division (740-962-2861), held in the Favreau Room on the 2nd floor. Grandparent and other non-parent custody requests are always filed in the Juvenile Division.
- When does Morgan County appoint a Guardian ad Litem?
- In a contested custody case the court can appoint a Guardian ad Litem (GAL) — a court-appointed attorney who investigates and files a written report recommending what is in the child's best interest before the hearing. The GAL represents the child's best interest, not the child's wishes. GAL fees are typically allocated between the parents; Morgan County also charges a $150 home-investigation deposit for a custody investigation.
Free Local Resources in Morgan County
- Morgan County Clerk of Courts (Domestic Relations). Current filing fees, deposit amounts, and filing instructions for divorce, dissolution, legal separation, and annulment. Call (740) 962-3371 or visit https://www.morgancocourtsoh.gov/Domestic-Relations/ before filing; the county uses the Ohio Supreme Court standardized forms.
- Morgan County Juvenile Division. Handles never-married-parent custody, parentage, parenting time, and child support, plus non-parent custody. Filing line (740) 962-2861; proceedings are held in the Favreau Room, 2nd floor of the courthouse.
- Morgan County Child Support Enforcement Agency (CSEA / DJFS). Housed in the Morgan County Department of Job and Family Services (Director Heidi Burns), 155 E. Main St., Rm. 009, McConnelsville. Opens IV-D cases, runs wage withholding, distributes payments, and enforces orders. Phone (740) 962-4616, fax (740) 962-5344.
- 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.
Other Family-Law Topics in Morgan County
- Statewide Custody Overview — How Ohio custody and parenting time work at a high level.
- Talk to a Family Law Attorney — Connect with a Morgan County family-law attorney for help with your case.
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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