Emergency Custody in Scioto County

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

Scioto County, Ohio · Portsmouth

When a child faces an immediate risk of harm, the court can act on an emergency, ex parte basis — before the other parent is heard. Scioto County reserves this for genuine emergencies: in the Domestic Relations Division, DR Rule 7.09 requires a showing of extreme emergency and that the moving party be available for immediate examination under oath.

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

In the Domestic Relations Division, file an emergency ex parte motion under DR Rule 7.09 supported by an affidavit detailing the extreme emergency; the moving party must be available for immediate examination under oath. In the Juvenile Division, an emergency request is reviewed promptly. The court grants ex parte relief only for a genuine, immediate risk of harm and sets a prompt follow-up hearing. If the danger is domestic violence, a Civil Protection Order (R.C. 3113.31) is heard ex parte the same day and carries no filing fee.

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: Scioto County Court of Common Pleas — Domestic Relations Division

602 7th St, Room 303, Portsmouth, OH 45662, Portsmouth, OH 45662
Phone: (740) 355-8316
Hours: Monday–Friday, 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM)
Website: sciotocountydrcourt.com

Juvenile Branch (Never-Married Parents)

Scioto County Juvenile Court
602 7th St #201, Portsmouth, OH 45662, Portsmouth, OH 45662
Phone: (740) 355-8306
Hours: Monday–Friday, 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM)

Emergency Custody is the right path if…

A child faces an immediate, serious risk of harm right now.
You can describe specific, recent facts showing the emergency in a sworn affidavit.
You can be available for immediate examination under oath when you file.
Waiting for a normal hearing date would put the child in danger.

If the danger is domestic violence, a protection order is heard the same day and has no filing fee. See protection orders.

Filing Fees

Filed within (or to open) the underlying custody case · be available for immediate examination under oath (DR Rule 7.09) · a DVCPO is the no-fee, same-day route for domestic violence · confirm with the Clerk.

Forms & Filing Packets

Emergency ex parte custody motion — Part of the underlying case deposit

File the emergency motion with a sworn affidavit of the emergency facts. Be ready for immediate examination under oath (DR Rule 7.09).

Hearing Request (Scioto County DR Form 1) — Scioto County's local form for placing a motion or contested matter on the DR Court's docket. Obtain the current version from the DR Court and confirm scheduling with the Clerk.
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.
Financial Disclosure Affidavit (Scioto County DR Form 5) — Scioto County's local financial-disclosure affidavit listing income, expenses, assets, and debts. Mandatory disclosure is due within 60 days under DR Rule 2.01. Obtain the current form from the DR Court and confirm requirements with the Clerk.

How to File Emergency Custody in Scioto County

Confirm it's a true emergency. Emergency relief is for an immediate risk of harm — recent, specific facts, not ongoing disagreement.
Draft a detailed affidavit. Set out exactly what happened, when, and why the child is in danger; attach any supporting documents.
File the emergency motion. File under DR Rule 7.09 in the Domestic Relations Division (or the Juvenile Division) and be available for immediate examination under oath.
Consider a protection order. If the danger is domestic violence, file a Civil Protection Order (R.C. 3113.31) — heard the same day, no filing fee.
Attend the follow-up hearing. An ex parte order is temporary; the court sets a prompt hearing where both parents are heard before any longer-term order.

Scioto County Practice Notes

Reserved for genuine emergencies. DR Rule 7.09 limits ex parte custody relief to a showing of extreme emergency, and the moving party must be available for immediate examination under oath. Courts disfavor ex parte orders that aren't true emergencies, so the affidavit must set out specific, recent facts — not general conflict.
A protection order may be faster for domestic violence. If the emergency is domestic violence by a family or household member, a Civil Protection Order under R.C. 3113.31 is filed in the Domestic Relations Division (DR Rule 7.02), heard ex parte the same day, and carries no court cost or filing fee. A CPO can include temporary custody terms.

Frequently Asked Questions

Can I get an emergency custody order in Scioto County?: Only in a genuine emergency. In the Domestic Relations Division, DR Rule 7.09 lets you ask for an emergency ex parte order on a showing of extreme emergency, and the moving party must be available for immediate examination under oath. In the Juvenile Division, an emergency custody request is reviewed promptly under that court's rules. If the danger is domestic violence, file a Civil Protection Order under R.C. 3113.31, which is heard ex parte the same day it is filed and carries no filing fee.
How fast can I get a protection order in Scioto County?: Same day for the ex parte order. A Domestic Violence Civil Protection Order under R.C. 3113.31 is filed in the Scioto County Domestic Relations Division (DR Rule 7.02) and heard ex parte the day you file, with a full hearing set shortly afterward. There is no court cost or filing fee (DR Rule 7.02(B)). Use the Ohio Supreme Court DV forms (10.01-D petition and 10.01-H order). Where the respondent is under 18, a juvenile civil protection order (R.C. 2151.34) is handled by the Juvenile Division (Juv. Local Rule 13).
How does a Scioto County court decide custody?: Scioto County courts allocate custody and parenting time using the R.C. 3109.04(F)(1) best-interest factors: each parent's wishes, the child's wishes (when the court interviews the child), the child's relationships with parents and siblings, the child's adjustment to home, school, and community, the mental and physical health of everyone involved, which parent is more likely to honor court-approved parenting time, child-support compliance, any history of abuse or neglect, and whether a parent plans to live outside Ohio. Ohio allows either sole custody (one residential parent and legal custodian) or shared parenting under a written plan.

Free Local Resources in Scioto County

Scioto County Clerk of Courts — Legal Division. Provides the current Clerk fee schedule (rev. 1/1/2024), local forms, and filing instructions for divorce, dissolution, and custody cases. Visit https://sciotoclerk.com/legal-division/ before filing to confirm deposits and accepted payment methods.
Scioto County Domestic Relations Division. The standalone DR court (Judge Jerry L. Buckler; Magistrate Robert M. Johnson) at 602 7th St, Room 303, Portsmouth, (740) 355-8316 (fax (740) 355-8205). Hears divorce, dissolution, legal separation, annulment, parentage, custody, and support, and distributes the DR packets and local forms. Hours Monday–Friday 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM). https://sciotocountydrcourt.com
Scioto County Child Support Enforcement Agency (CSEA). Scioto County's IV-D agency at 710 Court Street, Portsmouth, opens child-support cases, runs wage withholding, distributes payments, and enforces orders. Confirm the agency's current direct phone. File a IV-D Application when establishing or modifying support.
"Successful Co-Parenting" Parenting Class — OSU Extension. The court-approved 3-hour parenting-education seminar for parents with minor children, taken online at https://scponline.osu.edu (registered via DR Form 11). Complete it within 60 days and file the Certificate of Attendance before the final hearing (DR Rule 6.02).

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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