Emergency & Temporary Orders in Ross County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Ross County, Ohio · Chillicothe
While a divorce, legal separation, or annulment is pending, a parent can ask the General Division for temporary orders — spousal support, child support, and temporary allocation of parental rights — under Ohio Civ.R. 75(N). For safety emergencies, a domestic-violence civil protection order is the faster track.
How do I get emergency or temporary custody orders in Ross County, Ohio?
Request temporary relief in your complaint, answer, counterclaim, or by motion, supported by a filed financial affidavit (and a child-support worksheet where support is sought), under Ohio Civ.R. 75(N) and General Division Local Rule 20.08. The court or magistrate can grant temporary orders without an oral hearing, for good cause, based on the affidavits. The opposing party has 14 days from service to file counter-affidavits. Until a temporary order issues, the children stay with the parent who had physical custody when the case was filed. For a safety emergency, file a domestic-violence civil protection order in the General Division — there is no filing fee and an ex parte order can issue the same day.
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: Ross County Court of Common Pleas, General Division
2 N. Paint Street, Chillicothe, OH 45601Phone: (740) 702-3032
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.rosscountycommonpleas.org/
Juvenile Branch (Never-Married Parents)
Ross County Court of Common Pleas, Probate/Juvenile Division
2 N. Paint Street, Suite A, Chillicothe, OH 45601
Phone: (740) 774-1177
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Emergency Custody & Temporary Orders is the right path if…
- You need support or a parenting schedule in place while the case is pending.
- There is an urgent dispute over who the children live with right now.
- You need exclusive use of the home or other temporary relief.
- There is a safety concern that may require a protection order.
If the emergency is about safety from an abuser, a civil protection order is the faster, no-fee track. See protection orders.
Filing Fees
Temporary orders requested within the pending case · DVCPO has no filing fee · confirm procedure with the Clerk at (740) 702-3010 · in an emergency call 911
Forms & Filing Packets
Temporary orders under Civ.R. 75(N)
Request temporary support and parenting orders by affidavit; the court can rule without an oral hearing and the other side has 14 days to file counter-affidavits (Local Rule 20.08).
- 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.
- 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.
- Confidential Disclosure of Personal Identifiers Form (Local Rule 20.07) — Required with every Domestic Relations pleading under General Division Local Rule 20.07. Lists protected personal identifiers (SSNs, account numbers) and is filed under seal. Obtain it from the Clerk of Courts.
Safety emergency — protection order — No filing fee for a protection-order petition
For domestic violence, file an adult DVCPO in the General Division (no fee; ex parte order can issue the same day). If the abuser is a juvenile, the Juvenile Division hears Juvenile CPO/DVCPO petitions (forms 10.05A–E).
- Clerk of Courts — Protection Orders (Ross County) — The Ross County Clerk's protection-orders page. An adult domestic-violence civil protection order (R.C. 3113.31) is filed in the General Division; there is no filing fee and an emergency ex parte order can issue the same day (Local Rule 20.14).
- Juvenile Division — Forms & Juvenile CPO information — The Juvenile Division page listing the Juvenile Civil Protection Order / Juvenile DVCPO local forms 10.05A–10.05E (effective 4/15/2021) and the NCIC notice forms 10-A/10-B, used where the respondent is a juvenile.
How to File Emergency Custody & Temporary Orders in Ross County
- Decide which track fits. Use Civ.R. 75(N) temporary orders within your divorce case, or a DVCPO for a domestic-violence safety emergency.
- Prepare the affidavit. File a financial affidavit (and a support worksheet where support is sought); the required 14-day counter-affidavit notice must appear in any motion seeking temporary relief.
- Request relief in the case. Ask for temporary support, parenting time, or exclusive use of the home in your complaint, answer, counterclaim, or by motion.
- Understand interim custody. Until a temporary order issues, the children remain with the parent who had physical custody when the case was filed.
- Use the protection-order track if needed. For domestic violence, file a no-fee DVCPO in the General Division; an ex parte order can issue the same day, followed by a full hearing.
Ross County Practice Notes
- Adult DVCPO filed in the General Division (no fee). An adult domestic-violence civil protection order (R.C. 3113.31) is filed in the General Division through the Clerk of Courts (740-702-3010). There is no filing fee and an emergency ex parte order can issue the same day, followed by a full hearing (Local Rule 20.14). The building also houses the Probate/Juvenile offices — confirm the in-person intake desk with the Clerk. In an emergency, call 911.
- No separate Domestic Relations court. Divorce, dissolution, legal separation, and annulment are heard by the General Division of the Ross County Court of Common Pleas — there is no separate Domestic Relations division. Two courtrooms preside: Courtroom 1 (Judge Michael M. Ater) and Courtroom 2 (Judge Matthew S. Schmidt), with Magistrates John DiCesare and Jennifer L. Ater. File through the Clerk of Courts, 2 N. Paint St., Suite B, Chillicothe, (740) 702-3010.
- Confidential Disclosure of Personal Identifiers required (Local Rule 20.07). Every Domestic Relations pleading must include a completed Confidential Disclosure of Personal Identifiers Form under General Division Local Rule 20.07; it is filed under seal. Obtain the form from the Clerk of Courts' legal-forms page.
Frequently Asked Questions
- Can I get temporary support or parenting orders while my Ross County divorce is pending?
- Yes. Under Ohio Civ.R. 75(N) and General Division Local Rule 20.08 you can request temporary spousal support, child support, and temporary allocation of parental rights in your complaint, answer, counterclaim, or by motion, supported by a financial affidavit (and a support worksheet where support is sought). The court can grant temporary orders without an oral hearing; the other party has 14 days from service to file counter-affidavits.
- Where do I file for a protection order in Ross County?
- An adult domestic-violence civil protection order (R.C. 3113.31) is filed in the General Division through the Clerk of Courts (740-702-3010). There is no filing fee, and an emergency ex parte order can issue the same day, followed by a full hearing (Local Rule 20.14). If the abuser is a juvenile, file a Juvenile CPO/DVCPO in the Juvenile Division using local forms 10.05A–E. In an emergency, call 911.
- Which court handles family-law cases in Ross County?
- The General Division of the Ross County Court of Common Pleas (2 N. Paint St., Chillicothe) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court. The combined Probate/Juvenile Court (2 N. Paint St., Suite A) handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, under R.C. 2151.23) and adoptions (Probate). Cases are filed through the Clerk of Courts at (740) 702-3010.
- Married vs. never-married parents — which court decides custody in Ross County?
- If you are or were married, custody and parenting time are decided as part of the divorce, dissolution, or legal separation in the General Division. If the parents were never married, parentage, custody, support, and parenting time are decided in the Juvenile Division (R.C. 2151.23) using the court's local forms (Forms 11, 20–31; Affidavits 1, 3, 4).
Free Local Resources in Ross County
- Ross County Clerk of Courts (General Division / Domestic Relations). 2 N. Paint St., Suite B, Chillicothe, OH 45601; (740) 702-3010. Files all divorce, dissolution, legal separation, and annulment cases, posts the legal forms and the Divorce/Dissolution checklist, and confirms current deposits. Online payment via nCourt; records via eAccess. The General Division hears all DR matters — there is no separate Domestic Relations court.
- LegalAtoms — free guided divorce & dissolution prep. https://legalatoms.com/ross/ — the Clerk's free, guided tool (English and Spanish) that prepares Ross County divorce and dissolution paperwork to print and file. It does not give legal advice.
- Families in Transition (FiT) parenting class. The Child Protection Center, 138 Marietta Road, Suite E, Chillicothe; (740) 779-7431. Required within 60 days in any divorce/dissolution or custody/companionship-modification with minor children (Local Rule 20.12; Juvenile County Rule 13). Fee $25 (exact cash or PayPal); certificate valid one year. Confirm current class dates when registering.
- Ross County Probate/Juvenile Court. 2 N. Paint St., Suite A, Chillicothe; (740) 774-1177 or (740) 774-1179 (https://www.rossprobatejuvenile.com/). Judge J. Jeffrey Benson. Hears unmarried-parent parentage, custody, support, and parenting time (Juvenile) and adoptions (Probate), using local Forms 11 and 20–31.
- Ross County Child Support Enforcement Agency (CSEA). 475 Western Ave, Ste. B, Chillicothe, OH 45601; (740) 773-2651 (https://jfs.ohio.gov/about/local-agencies-directory/csea-ross). Administrator Rick Reynolds. Establishes, calculates, collects, and enforces support; payments are routed through South Central Ohio Job & Family Services (SCOJFS).
Other Family-Law Topics in Ross County
- Ross County Divorce — Full filing guide with forms, the $400 deposit, and the parenting class.
- Ross 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 orders 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 orders 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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