Emergency & Temporary Orders in Muskingum County

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

Muskingum County, Ohio · Zanesville

While a divorce, parentage, or custody case is pending, the Muskingum County Domestic Relations Court can issue temporary orders on custody, parenting time, and support — and, in true emergencies, ex parte (emergency) relief. Local Rule 8.02 sets strict requirements: an ex parte request must accompany a complaint or motion for final orders, be supported by an affidavit of extreme emergency, and be filed between 8:30 a.m. and 3:30 p.m.

How do I get an emergency custody order in Muskingum County, Ohio?

File a Verified Motion Ex Parte (tab 42) supported by an affidavit setting out facts that establish an extreme emergency, between 8:30 a.m. and 3:30 p.m. (Local Rule 8.02). It must accompany a complaint or motion for final orders — a case cannot be opened with only an ex parte request. If the Court grants emergency relief, it schedules a de novo hearing and the emergency order stays in effect until then. If a child is in immediate danger of abuse or neglect, contact law enforcement and Children Services; protective cases go to the Juvenile Court at (740) 453-0351.

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: Muskingum County Court of Common Pleas — Domestic Relations Division

22 N. 5th Street, 2nd Floor
Phone: (740) 455-7190
Hours: Monday–Friday, 8:00 a.m.–4:30 p.m. (Clerk's DR Division files documents 8:30 a.m.–4:30 p.m.)
Website: www.muskingumcountyoh.gov/Courts/Domestic-Relations/

An emergency / temporary order fits if…

There is a genuine, extreme emergency — an immediate risk to a child's safety or welfare.
You are filing (or already have) an underlying divorce, parentage, or custody case for final orders.
You can provide an affidavit with admissible facts establishing the emergency.
You can file the ex parte motion between 8:30 a.m. and 3:30 p.m. as the rule requires.

Filing Fees

No separate fee — filed within the underlying divorce, parentage, or custody case (deposits: $225 divorce; $175 custody/parentage). Confirm current amounts with the Clerk at (740) 455-7898.

Forms & Filing Packets

Emergency ex parte order — Filed within the underlying case

File the Verified Motion Ex Parte with a supporting affidavit of extreme emergency, alongside the complaint or motion for final orders, between 8:30 a.m. and 3:30 p.m. A de novo hearing follows.

Verified Motion Ex Parte (Muskingum County, tab 42) — Asks for emergency (ex parte) relief, supported by an affidavit establishing an extreme emergency. Must accompany a complaint or motion for final orders (Local Rule 8.02).
Complaint for Custody (Muskingum County, tab 19) — Asks the court to allocate parental rights and name a residential parent and legal custodian (proof of paternity required).
Parenting Proceeding Affidavit DR3 (UCCJEA · R.C. 3127.23) (Muskingum County, tab 50) — Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction. Required in any case with minor children.

Temporary orders (heard with notice) — Filed within the underlying case

When the situation is serious but not an extreme emergency, request temporary custody, parenting time, and support that the Court decides after notice to the other party.

Complaint for Custody (Muskingum County, tab 19) — Asks the court to allocate parental rights and name a residential parent and legal custodian (proof of paternity required).
Parenting Proceeding Affidavit DR3 (UCCJEA · R.C. 3127.23) (Muskingum County, tab 50) — Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction. Required in any case with minor children.
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.

How to File Emergency Custody in Muskingum County

Confirm it's a true emergency. Ex parte relief is only for an extreme emergency — an immediate risk to the child. Otherwise, request temporary orders heard with notice.
Prepare the motion and affidavit. Complete the Verified Motion Ex Parte (tab 42) and a sworn affidavit setting out admissible facts establishing the emergency, alongside your complaint or motion for final orders.
File in the morning window. File between 8:30 a.m. and 3:30 p.m. so the Clerk and Court have processing time (Local Rule 8.02).
Attend the de novo hearing. If the Court grants emergency relief, attend the de novo hearing it schedules; the emergency order remains in effect until then.

Muskingum County Practice Notes

Ex parte requires an affidavit and the right window. Under Local Rule 8.02, an ex parte motion must be supported by affidavit(s) establishing an extreme emergency and filed between 8:30 a.m. and 3:30 p.m. to allow processing time. A case cannot be opened or reopened with only an ex parte request.
A de novo hearing always follows. Where ex parte relief is granted, the Court schedules a de novo hearing before the Judge or Magistrate; the emergency order stays in effect until that hearing.
Child-safety emergencies may belong in Juvenile Court. If a child is at risk of abuse, neglect, or dependency, protective cases are brought in the Juvenile Court (740) 453-0351 by Muskingum County Children Services. For domestic-violence safety, a DVCPO petitioner appears for an ex parte hearing at the time of filing.

Frequently Asked Questions

How do emergency (ex parte) orders work in Muskingum County?: Under Local Rule 8.02, an ex parte request must accompany a complaint or motion for final orders — a case cannot be opened with only an ex parte request. The motion must be supported by an affidavit establishing an extreme emergency and filed between 8:30 a.m. and 3:30 p.m. (use the Verified Motion Ex Parte, tab 42). If granted, the Court schedules a de novo hearing; the emergency order stays in effect until then.
What standard does the Muskingum County court use to decide custody?: The R.C. 3109.04(F)(1) best-interest factors — each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents and siblings, adjustment to home/school/community, everyone's mental and physical health, which parent is more likely to honor parenting time, support compliance, criminal history, and any history of abuse.
Will I see a judge the day I file a protection order in Muskingum County?: Plan to appear before the Judge for an ex parte hearing at the time you file the petition. A full hearing is scheduled for a later date, where the Court may issue a final order lasting up to five years.
Where do unmarried parents file for custody, parenting time, or child support?: Also in the Domestic Relations Court. Unlike many Ohio counties, Muskingum County's DR Court — not the Juvenile Court — hears parentage, custody, parenting time, and support for unmarried parents (Local Rule 10.01). The Juvenile Court handles only delinquency and abuse/neglect/dependency cases.

Free Local Resources in Muskingum County

Muskingum County Clerk of Courts — Domestic Relations Division. Files all DR documents at 22 N. 5th Street, 2nd Floor, Zanesville — (740) 455-7898. An advance cost deposit is required before filing (Local Rule 1.07); a Civil Fee Waiver Affidavit can waive it. Forms are on the Court's Domestic Forms page (tabs 1–66).
Domestic Relations Help Desk (free legal clinic). Free help for income-eligible people with simple custody, divorce, and dissolution cases — 4th Monday monthly, 11:00 a.m.–1:00 p.m., at the DR Court, 22 N. 5th Street, 2nd Floor. Preregister with Legal Aid of Southeastern & Central Ohio (LASCO) at (614) 827-0504 (intake (866) 529-6446; seols.org).
Domestic Relations Court Mediation Department. The Court runs an in-house Mediation Department. It can order mediation, accepts voluntary post-decree requests without a motion, and offers mediation before a case is filed — call (740) 455-7190 (Local Rules 3.01–3.09).
Transitions (domestic-violence shelter & CPO advocacy). Provides shelter and free protection-order advocacy and can attend court with you — (740) 454-3213. There is no filing fee for a DVCPO petitioner (R.C. 3113.31(K)).
Co-Parenting Seminar registration. The required 2-hour Co-Parenting Seminar (Local Rule 7.07) is offered online; register by calling the Court at (740) 455-7190. The $10 seminar fee is among the Court's costs — confirm the current cost when registering.

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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