Emergency Custody in Summit County
Summit County, Ohio · Akron
When a child faces immediate danger, Summit County courts can grant emergency (ex parte) custody before the other side is heard — but only on specific facts showing immediate harm. Never-married parents and non-parents file at the Summit County Juvenile Court, 650 Dan Street; in a pending divorce or custody case, you file a temporary-custody motion at the Domestic Relations Court. An emergency order is temporary, and the court holds a full hearing within about 10 business days.
How do I get emergency custody in Summit County, Ohio?
If a child is in immediate danger, call 911 or Summit County Children Services first. For a court order, file a Motion for Emergency Temporary Custody at the Summit Juvenile Court, 650 Dan Street (never-married parents and non-parents) — or a Motion for Temporary Custody (Local Form 129) at the DR Court if you have a pending case there. Your motion must be backed by a sworn affidavit stating specific facts of immediate harm; general worry isn't enough. If the court grants an ex parte order, it holds a de novo (full) hearing within about 10 business days (Local Rule 2.10) so both sides can be heard before any longer-term order.
Where to File: Summit County Court of Common Pleas, Domestic Relations Division
205 South High Street, Akron, OH 44308, Akron, OH 44308Phone: (330) 643-2365
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Website: drcourt.org
e-Filing: https://drcourt.org/wp/forms/
Juvenile Branch (Never-Married Parents)
Summit County Juvenile Court
650 Dan Street, Akron, OH 44310, Akron, OH 44310
Phone: (330) 643-2900
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Emergency Custody is the right path if…
- A child is facing immediate physical or emotional harm.
- You can state specific, sworn facts — not general worry.
- Waiting for a normal hearing date would put the child at risk.
- You understand an ex parte order is temporary and followed by a prompt hearing.
If there's no immediate emergency, a standard custody or modification case is the right route. See custody in Summit County.
Filing Fees
Emergency relief is the exception — your affidavit must show specific, immediate harm · Never-married/non-parents file at Juvenile Court (650 Dan Street); pending DR cases use Local Form 129 · An ex parte order triggers a de novo hearing within ~10 business days (Local Rule 2.10)
Forms & Filing Packets
Emergency custody at Juvenile Court — Juvenile Court filing deposit (waivable)
Never-married parents and non-parents file a Motion for Emergency Temporary Custody at the Summit Juvenile Court, 650 Dan Street, with a sworn affidavit detailing the immediate danger.
- Motion for Emergency Temporary Custody — Used when a child is in immediate danger. The Summit Juvenile magistrate can grant temporary custody before a full hearing on a sworn affidavit of specific facts, then sets the matter for hearing. Tip: Emergency relief is the exception. Your affidavit must explain why the child cannot safely wait for normal notice and hearing.
- UCCJEA Affidavit (Parenting Proceeding Affidavit) — Swears to the child's 5-year address history so Summit Juvenile can confirm Ohio is the child's home state and that it has jurisdiction to decide custody.
- Financial Disclosure / Affidavit of Indigency — File this if you cannot afford the filing deposit — it asks the court to waive or set a payment plan for the fee. Tip: There is also a stand-alone Application for a Fee Payment Plan if you want to pay in installments instead of a full waiver.
Temporary custody in a pending DR case — Filed within the pending case
If you have a pending divorce or custody case at the DR Court, file a Motion for Temporary Custody (Local Form 129) with an affidavit of immediate harm; the court can issue an ex parte order and set a prompt hearing.
- Motion for Temporary Custody (Summit Local Form 129) — Asks the DR Court for a temporary custody order while a case is pending. For an emergency, it must show immediate harm to the child (Rule 2.10).
- Parenting Proceeding / UCCJEA Affidavit (Summit Affidavit 3) — Lists each child's address history for the last 5 years and any other custody cases, confirming Ohio's jurisdiction. Required whenever minor children are involved.
How to File Emergency Custody in Summit County
- Ensure immediate safety. If the child is in danger, call 911 or Summit County Children Services. Document the emergency.
- Choose the right court. Never married or a non-parent? File at the Juvenile Court, 650 Dan Street. Pending DR case? Use Local Form 129 at the DR Court.
- Write a detailed affidavit. State specific, recent facts of immediate harm — dates, events, and people — to support ex parte relief.
- File the emergency motion. File your motion and affidavit; request a fee waiver (Local Form 124) if you can't afford the deposit.
- Attend the prompt hearing. If the court grants an ex parte order, appear at the de novo hearing within about 10 business days with your evidence.
Summit County Practice Notes
- Call for safety first. If a child is in immediate danger, contact 911 or Summit County Children Services before or alongside a court filing. A police report or caseworker contact also documents the emergency for the court.
- Specific facts win ex parte relief. Courts grant ex parte custody sparingly. Your affidavit must describe concrete, recent events showing immediate harm — dates, what happened, who was involved — not general fears or past history alone.
- An emergency order is temporary. An ex parte order is a stopgap. Local Rule 2.10 requires a full (de novo) hearing within about 10 business days, where both parents are heard before the court decides on any longer-term order.
- Best-interest standard still governs. At the follow-up hearing the court applies the R.C. 3109.04 best-interest factors. Be ready to show why your proposed arrangement protects the child going forward, not just during the emergency.
Frequently Asked Questions
- How do I get an emergency custody order in Summit County?
- If a child is in immediate danger, call 911 or Summit County Children Services first. For a court order, never-married parents and non-parents file a Motion for Emergency Temporary Custody at the Juvenile Court, 650 Dan Street; in a pending DR case, file a Motion for Temporary Custody (Local Form 129) at the DR Court. Emergency (ex parte) relief is the exception — your affidavit must show specific facts of immediate harm. If an ex parte order is granted, the court holds a de novo hearing within about 10 business days (Local Rule 2.10).
- Does my case go to the Domestic Relations Court or the Juvenile Court?
- Summit splits family work by courthouse. Married and divorcing parents — and their custody, support, and parenting-time issues — are handled at the Domestic Relations Court, 205 South High Street, Akron. Never-married parents and non-parent (grandparent/relative) custody cases are handled at the Summit County Juvenile Court, 650 Dan Street, Akron. Filing in the wrong court delays your case, so confirm venue before you file.
- What standard does a Summit County court use to decide custody?
- Ohio courts decide custody by the child's best interest under R.C. 3109.04(F)(1). The factors include each parent's wishes, the child's wishes (when the court interviews the child), the child's relationships with parents and siblings, adjustment to home, school, and community, the mental and physical health of everyone involved, which parent is more likely to honor parenting time, child-support compliance, any history of abuse or neglect, and whether a parent plans to move out of state.
- What is the "Working Together" program, and who has to take it?
- "Working Together" is the Summit DR Court's online program for never-married parents in parentage and parenting cases. It covers each parent's rights and responsibilities for custody, parenting time, and support, and connects parents with a neutral professional to resolve differences. It is delivered through the same Learning Management System as "Remember the Children." The court's order tells you which program you must complete.
- What if the child is in danger right now?
- If a child is at immediate risk, you can file a Motion for Emergency Temporary Custody at the Summit County Juvenile Court along with a sworn affidavit detailing the specific facts. The magistrate can grant temporary custody before the other parties are heard, then set the case for a prompt full hearing. If Summit County Children Services is already involved, coordinate with the assigned caseworker, who may also seek to place the child with a relative.
Free Local Resources in Summit County
- Summit Free Legal Clinic at Open M. Court-hosted community clinic in Akron offering free legal advice for self-represented parties.
- Summit County DR Court. drcourt.org — CPO forms, Local Rules, judge bios, and the parenting-class LMS. Clerk's Office (1st floor) opens at 7:30 a.m.
- Summit County Juvenile Court. juvenilecourt.summitoh.net · (330) 643-2900. Custody, visitation, support, and Grandparent Power of Attorney forms at 650 Dan Street.
- Summit County CSEA (Child Support Enforcement Agency). Opens IV-D cases and collects/distributes child support through wage withholding once a support order is in place.
- Victim Assistance Program of Summit County. Free advocates who help domestic-violence survivors complete CPO petitions and prepare for hearings.
Other Family-Law Topics in Summit County
- Summit County Divorce — Full filing guide with forms, fees, and the court's parenting class.
- Ohio Grandparents' Rights — Statewide overview of custody and companionship options for grandparents.
- 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.
Keep exploring
- Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
- Akron family law — Local attorneys and courts serving the Akron metro.
- Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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