Emergency & Temporary Custody in Preble County

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

Preble County, Ohio · Eaton

While a divorce, legal separation, annulment, or post-decree case is pending, the Preble County Court of Common Pleas General Division can issue temporary and ex parte orders to hold things in place — residential-parent status, support, parenting time, and payment of debts. These are temporary and last until the court orders otherwise; they are not the same as a domestic-violence protection order or a Children Services case.

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

In a pending Common Pleas case, file a motion and affidavit for temporary orders. Under Local Rule DR 12, the plaintiff files an ex parte order on residential-parent status: if both parents still live in the home, it keeps things 'business as usual' with each parent a residential parent; if the parents already live apart, it gives residential-parent status to whoever had actual physical custody before filing. No ex parte order is granted without a supporting affidavit. Temporary child support, parenting time, debts, and spousal support are set under DR 13–16, a party may seek relief from an ex parte order under DR 17 (given priority), and a substantial emergency can be set under DR 24. For child abuse, neglect, or dependency, the Juvenile Court handles emergency cases ((937) 456-8136).

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: Preble County Court of Common Pleas — General Division (Domestic Relations)

101 East Main Street, 3rd Floor, Eaton, OH 45320
Phone: (937) 456-8160
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Website: preblecountyohio.net
e-Filing: https://pa.preblecountyohio.net/eservices/

Juvenile Branch (Never-Married Parents)

Preble County Juvenile & Probate Court
101 East Main Street, 2nd Floor, Eaton, OH 45320
Phone: (937) 456-8136
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed national holidays)

Emergency Custody is the right path if…

You have a divorce, legal separation, annulment, or post-decree case pending.
You need temporary residential-parent status, support, or use of the home now.
There's an urgent child-safety concern needing an ex parte order.
You can provide a sworn affidavit of the facts supporting the order.
You need to challenge an ex parte order the other parent obtained.

Filing Fees

Temporary/ex parte orders are filed inside a pending Common Pleas case (DR 12 residential parent; DR 13–16 temporary orders; DR 17 relief; DR 24 emergency setting) — confirm with the Clerk at (937) 456-8160 · abuse/neglect/dependency is handled by the Juvenile Court at (937) 456-8136 · 24-hour Children Services hotline (937) 456-1135, Option 1

Forms & Filing Packets

Temporary / ex parte orders in a pending Common Pleas case — Filed inside the pending case — confirm with the Clerk at (937) 456-8160

File the motion and affidavit for temporary orders; under DR 12 the ex parte order sets residential-parent status, and DR 13–16 set temporary support, parenting time, and debts. A supporting affidavit is required.

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.
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.

Child safety — abuse, neglect, or dependency — Deposit set by the Juvenile Court — confirm the current amount at (937) 456-8136

Emergency child-safety matters (abuse, neglect, dependency) are heard in the Juvenile Court. Contact the Juvenile Court at (937) 456-8136; for an active emergency call 911 and the Children Services hotline at (937) 456-1135, Option 1.

Complaint for Allocation of Parental Rights & Responsibilities (Ohio SC Form 23) — Asks the Juvenile Branch to name a residential parent and legal custodian and set a parenting-time schedule when the 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, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.

How to File Emergency Custody in Preble County

Confirm there's a pending case. Temporary and ex parte orders are issued inside a pending Common Pleas case; file (or open) that case first.
Prepare the motion and affidavit. Complete the motion for temporary orders and a sworn affidavit of the facts — required for any ex parte order, including the DR 12 residential-parent order.
File and request a setting. File the motion/affidavit and proposed Word-document entry; for a substantial emergency, ask for an emergency setting (DR 24).
Use the right court for safety issues. For abuse, neglect, or dependency, contact the Juvenile Court ((937) 456-8136); in an active emergency call 911 and the Children Services hotline.

Preble County Practice Notes

DR 12 ex parte residential-parent rule (affidavit required). Preble County has a specific rule for who is the residential parent at the start of a case (Local Rule DR 12). If both parents still live in the marital residence when the complaint is filed, the ex parte order provides that they share rights and responsibilities 'business as usual,' each a residential parent. If the parents already live apart, the ex parte order grants residential-parent status to the person who had actual physical custody before filing — to maintain the status quo. No ex parte order is granted unless the requesting party files an affidavit setting out sufficient facts.
Relief from ex parte orders (DR 17) and emergency settings (DR 24). A party who believes an ex parte order is inappropriate may file a motion for relief, get a hearing date from the Assignment Commissioner, and serve notice; these motions are given priority on the court's docket (DR 17). If a substantial emergency requires prompt court intervention, counsel may request an emergency setting (DR 24). Proposed entries are submitted as Word documents with a 2-inch signature space.
Two separate courts: Common Pleas (Domestic Relations) and Juvenile. Preble County runs two separate family-law courts in the Preble County Courthouse, 101 East Main Street, Eaton. The Court of Common Pleas, General Division (Domestic Relations) on the 3rd floor (Hon. Stephen R. Bruns, Magistrate Erica J. Gordon, Clerk of Courts Shonda Haynes, (937) 456-8160) handles divorce, dissolution, legal separation, and annulment — plus the custody, parenting time, and support that travel with them for married or divorcing parents. The separate Juvenile & Probate Court on the 2nd floor (Hon. Jenifer K. Overmyer, Magistrate K. Brent Copeland, Juvenile (937) 456-8136) handles paternity, custody, parenting time, and support for never-married parents, and non-parent custody.

Frequently Asked Questions

Can I get emergency or temporary custody in Preble County?: Yes. While a divorce, legal separation, annulment, or post-decree case is pending, the Common Pleas General Division can issue temporary and ex parte orders. Under Local Rule DR 12, if both parents still live in the marital residence the ex parte order keeps things 'business as usual' with each parent a residential parent; if the parents already live apart, the ex parte order gives residential-parent status to whoever had actual physical custody before filing. An affidavit is required. Temporary support, parenting time, debts, and spousal support are set under DR 13–16, and a substantial emergency can be set for a prompt hearing under DR 24. For child abuse, neglect, or dependency, the Juvenile Court handles emergency cases.
Do I file in Common Pleas or the Juvenile Court in Preble 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 Court of Common Pleas, General Division ((937) 456-8160). If you were never married, parentage, custody, parenting time, and support are handled by the separate Preble County Juvenile & Probate Court (Hon. Jenifer K. Overmyer; Magistrate K. Brent Copeland), (937) 456-8136. Grandparent and other non-parent custody requests are filed in the Juvenile Court.
When does Preble County appoint a Guardian ad Litem?: In a contested custody or parenting-time matter the court may appoint a Guardian ad Litem (GAL) to represent the child's best interest (Sup.R. 48). Under Local Rule DR 9, a party who moves for a GAL must deposit $500.00 in the movant's counsel's trust account as security for the GAL's fees and notify the Court; only the Judge may grant relief from this deposit. GAL reports are filed with the Assignment Commissioner and provided to counsel (not handed to the litigants themselves) under DR 32, and GAL fee statements use the court's form (DR 32A).
How fast can I get a protection order in Preble County?: When the petition shows an immediate danger, the court reviews it the same day (or promptly) and can issue a temporary ex parte CPO and schedule a full hearing, which R.C. 3113.31 generally sets within 7–10 court days. At the full hearing both sides give sworn testimony and the court may issue a CPO valid for up to five years. Preble County's posted materials do not set a county-specific ex parte cutoff beyond the statute — confirm same-day filing cutoffs and hearing scheduling with the Clerk at (937) 456-8160.
How do I change a custody, support, or parenting-time order in Preble County?: File a post-decree motion in the same court that issued the order — the Court of Common Pleas General Division ((937) 456-8160) for divorce/dissolution/legal-separation cases, or the Juvenile Court ((937) 456-8136) for never-married-parent cases. Use the Ohio uniform motions (Form 26 to change parenting time, Form 27 to change custody — which requires a change in circumstances plus a best-interest finding under R.C. 3109.04(E), and Form 28 to change child support). The Court may also order the Seminar for Separating Parents with a post-decree custody or parenting-time motion.

Free Local Resources in Preble County

Preble County Court of Common Pleas (Domestic Relations). Local forms, the Model Parenting Time Schedule, the Standard Parenting Time Order, and filing information for divorce, dissolution, legal separation, annulment, custody, support, and protection orders at https://preblecountyohio.net. E-filing is required (pro se filers may file on paper); the Clerk of Courts (Shonda Haynes, (937) 456-8160) handles intake at 101 East Main Street, 3rd Floor, Eaton. Court staff cannot give legal advice or complete forms.
Preble County Juvenile & Probate Court. Handles never-married-parent parentage, custody, parenting time, and child support, plus non-parent custody, at 101 East Main Street, 2nd Floor, Eaton (Hon. Jenifer K. Overmyer; Magistrate K. Brent Copeland). Juvenile Court (937) 456-8136; Probate Court (937) 456-8137. Website https://prebleohiojuvenileprobate.org. Confirm current deposits and genetic-testing costs with the court.
Preble County Child Support Enforcement Agency (CSEA). Opens IV-D cases, establishes paternity administratively, runs the Ohio Income Shares calculation, collects support by wage withholding, and enforces orders. Located at 1500 Park Avenue, Eaton, OH 45320; phone (937) 456-1499. Support payments run through the Ohio Child Support Payment Central.
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.
Child abuse / neglect hotline. Report suspected child abuse or neglect to Preble County Job & Family Services — Children Services at 1500 Park Avenue, Eaton: 24-hour hotline (937) 456-1135, Option 1. Statewide hotline 1-855-642-4453 (1-855-O-H-CHILD), 24/7. In an emergency, call 911.

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.

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Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
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