Emergency & Temporary Custody in Perry County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Perry County, Ohio · New Lexington
While a divorce, dissolution, legal separation, or post-decree motion is pending, you can ask the General Division for temporary orders on custody, parenting time, and support. Perry decides these non-orally on the Motion and Affidavit for Temporary Orders (Form 5.0); for true child-safety emergencies, ask about ex parte relief or involve Children Services.
How do I get emergency or temporary custody in Perry County, Ohio?
In a pending General Division case, file the Motion and Affidavit for Temporary Orders Without Oral Hearing (Form 5.0) under Civ.R. 75(N). Perry decides temporary custody, parenting time, and support on the motion and affidavits — usually without an in-person hearing (Local Rules 12 and 18) — so submit complete documentation, including the prior-year W-2 and six months of paystubs. For an urgent child-safety situation, ask the court about ex parte temporary custody and contact the Clerk, (740) 342-1022. Where a child is at risk of abuse, neglect, or dependency, those protective cases are brought in Juvenile Court by Perry County Children Services, (740) 342-3551. 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: Perry County Court of Common Pleas, General Division
105 N. Main Street, New Lexington, OH 43764Phone: (740) 342-1022
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (Local Rule 2)
Website: pccommonpleas.com/
Juvenile Branch (Never-Married Parents)
Perry County Probate & Juvenile Court
105 N. Main Street / P.O. Box 167, New Lexington, OH 43764
Phone: (740) 342-1118
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Emergency Custody is the right path if…
- You have a pending divorce, dissolution, or post-decree case and need orders now.
- You need temporary custody, parenting time, or support while the case is decided.
- A child's immediate safety or stability is at risk.
- You can document your income and the urgent circumstances.
Filing Fees
Temporary orders are filed within the pending case · for never-married parents a new juvenile case is $300 · Children Services (abuse/neglect) (740) 342-3551 · in immediate danger call 911
Forms & Filing Packets
Temporary orders in a pending case — Filed within the pending case
File the Motion and Affidavit for Temporary Orders (Form 5.0) under Civ.R. 75(N); the court rules on the affidavits without an oral hearing (Local Rules 12 and 18).
- Motion & Affidavit for Temporary Orders Without Oral Hearing (Perry Form 5.0) — Asks the court, under Civ.R. 75(N), for temporary custody, parenting time, child support, spousal support, or exclusive use of the home while the case is pending. Decided non-orally on the affidavits (Local Rules 12 and 18).
- Affidavit of Basic Information, Income & Expenses (Perry Form 1.0) — Income, expenses, and basic financial information. Each party files their own. Support income claims with the prior-year W-2 and the last six months of paystubs (Local Rule 18).
- 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.
Open a case, then request urgent relief
If there is no case yet, open the General Division divorce/custody case (or, for never-married parents, a Juvenile parentage/custody case), then move for temporary or ex parte relief; for abuse/neglect, contact Children Services, (740) 342-3551.
- Complaint for Divorce With Children (Perry General Division Form 7.0) — The divorce Complaint used when you and your spouse have minor children together. Pleads custody, parenting time, and child-support allegations.
- Motion & Affidavit for Temporary Orders Without Oral Hearing (Perry Form 5.0) — Asks the court, under Civ.R. 75(N), for temporary custody, parenting time, child support, spousal support, or exclusive use of the home while the case is pending. Decided non-orally on the affidavits (Local Rules 12 and 18).
- Ohio Supreme Court Domestic Relations & Juvenile Standardized Forms — The Perry County Juvenile / Paternity-Custody Division uses the Ohio Supreme Court standardized forms for parentage, custody, parenting time, and support. Confirm any local cover form with the Juvenile Court at (740) 342-1118.
How to File Emergency Custody in Perry County
- Confirm there is a pending case. Temporary orders under Civ.R. 75(N) are filed inside a pending divorce, dissolution, or post-decree case; if there's no case yet, open one first.
- Complete the temporary-orders motion. Fill out the Motion and Affidavit for Temporary Orders (Form 5.0) and the income affidavit, attaching the prior-year W-2 and six months of paystubs.
- File and serve. File with the Clerk, (740) 342-1022; the other party may file a counter-affidavit and the court rules on the papers.
- Ask about ex parte relief if urgent. For an immediate child-safety risk, ask the court about ex parte temporary custody and involve Children Services, (740) 342-3551, where abuse or neglect is alleged.
- Get the temporary order. On the standard track, temporary orders are targeted by about week 3 (Local Rule 30).
Perry County Practice Notes
- Temporary orders are decided on the affidavits, not in a hearing. Perry decides temporary custody, parenting-time, and support requests non-orally on the Motion and Affidavit for Temporary Orders (Form 5.0) under Civ.R. 75(N) and Local Rules 12 and 18 — no in-person hearing is held unless oral argument is requested and allowed. Support income claims with the prior-year W-2 and the last six months of paystubs. On the standard track, temporary orders are targeted by about week 3 (Local Rule 30).
- No separate Domestic Relations court. Divorce, dissolution, legal separation, and annulment are heard by the General Division of the Perry County Court of Common Pleas — there is no separate Domestic Relations division. Judge Tina M. Boyer presides, with Magistrate / Court Administrator Jamie Farmer. File through the Clerk of Courts, 105 N. Main St. / P.O. Box 67, New Lexington 43764, (740) 342-1022.
- CSEA (IV-D) application required at filing (Local Rule 17). A IV-D Application for Child Support Services must accompany every new Domestic Relations filing involving support (Local Rule 17). There is no online form — obtain it from the Perry County Child Support Division, (740) 342-2278, or from Job & Family Services, (740) 342-3551.
Frequently Asked Questions
- Can I get temporary support or parenting orders while my Perry County divorce is pending?
- Yes. Under Ohio Civ.R. 75(N) file the Motion and Affidavit for Temporary Orders Without Oral Hearing (Form 5.0). Perry decides temporary orders non-orally on the motion and affidavits (Local Rules 12 and 18) — there is usually no in-person hearing. Support your income claims with the prior-year W-2 and the last six months of paystubs. On the standard 12-month track, temporary orders are targeted by about week 3 (Local Rule 30).
- Which court handles family-law cases in Perry County?
- The General Division of the Perry County Court of Common Pleas (105 N. Main St., New Lexington) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court. The Probate & Juvenile Court (also 105 N. Main St.) handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, under R.C. 2151.23) and adoptions (Probate). Domestic-relations cases are filed through the Clerk of Courts at (740) 342-1022.
- Where do I file for a protection order in Perry County?
- An adult domestic-violence civil protection order (R.C. 3113.31) is filed in the General Division through the Clerk of Courts (740-342-1022). There is no filing fee, court costs, or bond for the petitioner, and an emergency ex parte order can issue the same day if there is immediate danger, followed by a full hearing (generally within 7-10 court days). A civil stalking protection order (R.C. 2903.214) is heard by the Magistrate (Local Rule 24(i)); if the abuser is a juvenile, the petition is filed in Juvenile Court at (740) 342-1118. In an emergency, call 911.
Free Local Resources in Perry County
- Perry County Clerk of Courts (General Division / Domestic Relations). Clerk Wes Harlan, 105 N. Main Street / P.O. Box 67, New Lexington, OH 43764; (740) 342-1022, fax (740) 342-5527. Files all divorce, dissolution, legal separation, and annulment cases. Forms at https://pccommonpleas.com/forms.php; e-file through the Henschen portal at https://efile.henschen.com/. The General Division (Judge Tina M. Boyer) hears all domestic-relations matters — there is no separate Domestic Relations court. The Clerk cannot give legal advice or fill out forms. Confirm current deposits before filing.
- “Successful Co-Parenting” parenting class (OSU Extension, Perry County). 104 S. Columbus Street, Somerset, OH 43783; (740) 743-1602 (https://perry.osu.edu/). Required under Local Rule 17(4) for any divorce or dissolution with children under 18. Fee $25 cash, pre-register at least one week ahead. Attend after the answer date in a divorce, or before the final hearing in a dissolution. OSU Extension sends proof of completion directly to the court. Confirm the current schedule and fee when registering.
- Perry County Probate & Juvenile Court. Judge Luann Cooperrider, 105 N. Main Street / P.O. Box 167, New Lexington, OH 43764 (https://perrycountyohio.gov/law-courts/perry-county-ohio-probate-and-juvenile-court/). Juvenile (740) 342-1118; Paternity/Custody Division (740) 342-5520; Probate (740) 342-1493. Hears unmarried-parent paternity, custody, parenting time, and non-parent custody (Juvenile) and adoptions (Probate), using the Supreme Court of Ohio standardized forms.
- Perry County Child Support Enforcement Agency (CSEA). (740) 342-2278. Perry County's IV-D agency opens child-support cases, runs automatic wage withholding, distributes payments, and enforces orders through license suspension, tax intercept, and contempt referrals. File a IV-D Application whenever support is established or modified.
- Perry County Job & Family Services / Children Services. (740) 342-3551. Investigates abuse, neglect, and dependency referrals and can file complaints in Juvenile Court. Statewide child-abuse hotline: 1-855-O-H-CHILD (1-855-642-4453).
Other Family-Law Topics in Perry County
- Perry County Divorce — Full filing guide with forms, the $285 deposit, and the parenting class.
- Perry County Custody — Where to file when parents are married vs. never married.
- Ohio Child Support Calculator — Run the 2024 Income Shares worksheet yourself.
- Ohio family-law resources — 88-county directory of courts and legal aid.
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.
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