Emergency & Temporary Custody in Tuscarawas County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 15, 2026

Tuscarawas County, Ohio · New Philadelphia

When a child's safety or stability is at risk, you may need an urgent order. Inside a pending divorce or dissolution, you ask the General Division for temporary orders. For never-married parents, the Juvenile Division handles emergency custody and an expedited setting. If the emergency involves domestic violence or threats, a protection order may be the faster route, and in an immediate emergency you should call 911.

How do I get an emergency or temporary custody order in Tuscarawas County?

If you already have a divorce or dissolution pending, request temporary orders from the General Division — typically by motion with a supporting affidavit, using the (Generic) Domestic Motion Form plus the appropriate parenting and financial forms; confirm whether ex parte relief is available on your facts. If the parents were never married, file the Complaint for Custody in the Juvenile Division with a Request for Expedited Hearing, plus the Local Rule 6.2 Affidavit of Basic Information and Confidential Information Page. If the emergency involves domestic violence or threats, a protection order may be faster. In an immediate emergency, 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: Tuscarawas County Court of Common Pleas, General Division

125 E High Ave, New Philadelphia, OH 44663
Phone: (330) 364-8811
Hours: Monday–Friday (call the Clerk at (330) 365-3243 to confirm current hours)
Website: www.co.tuscarawas.oh.us/government/court_of_common_pleas_court_general_division/index.php
e-Filing: https://eservices.tuscarawasohcourts.com/

Juvenile Branch (Never-Married Parents)

Tuscarawas County Court of Common Pleas, Juvenile Division
125 E High Ave, New Philadelphia, OH 44663
Phone: (330) 365-3244
Hours: Monday–Friday (call the court to confirm current hours)

Emergency Custody is the right path if…

A child faces an immediate risk to safety, health, or stability.
You need a court order faster than the normal timeline.
You have a divorce/dissolution pending (General Division) or are a never-married parent (Juvenile).
You can describe the specific facts that make the situation urgent.
You may also need a protection order if there is violence or threats.

Filing Fees

Temporary orders are requested within a pending General Division case · Never-married emergencies go to the Juvenile Division with an expedited-hearing request · No fee for a protection order · Confirm procedure with the Clerk at (330) 365-3243; call 911 in an immediate emergency.

Forms & Filing Packets

Temporary orders in a pending case (General Division)

Request interim custody, parenting time, support, or use of the home while a divorce/dissolution is pending.

(Generic) Domestic Motion Form (Tuscarawas General Division) — The county's general-purpose motion form for domestic relations requests, including temporary orders within a pending case.
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).

Emergency custody for never-married parents (Juvenile Division)

File the Complaint for Custody with a Request for Expedited Hearing and the Local Rule 6.2 forms.

Complaint for Custody (parents never married) — Tuscarawas Juvenile — File this if you are seeking custody of a child and the parents were never married to each other.
Request for Expedited Hearing — Tuscarawas Juvenile — Ask for a faster setting when the matter is time-sensitive, including emergency custody.
Affidavit of Basic Information, Income, and Expenses (Ohio SC; Local Rule 6.2) — Ohio Supreme Court standardized affidavit required with every initial Juvenile filing and every reopening motion under Local Rule 6.2.
Confidential Information Page (Local Rule 6.2) — Required with every initial Juvenile filing and every reopening motion under Local Rule 6.2.

Safety emergency — protection order

If there is domestic violence or threats, a protection order may be the faster route; in an immediate emergency call 911.

Protection Order Filing & Help (Tuscarawas General Division) — DVCPO/CSPO petitions are filed with the General Division (no filing fee). The court points petitioners to Southeastern Ohio Legal Services / Ohio Legal Help for the standardized petition forms and self-help guidance; local help is the Tuscarawas County Prosecutor's Office, (330) 365-3214.

How to File Emergency Custody in Tuscarawas County

Assess the emergency. If there is immediate danger, call 911. Otherwise, identify whether you have a pending case or are a never-married parent.
Choose the route. Request temporary orders in the General Division (pending case) or file the Complaint for Custody with a Request for Expedited Hearing in the Juvenile Division.
Prepare a supporting affidavit. Attach an affidavit describing the specific facts that make the situation urgent; add the Local Rule 6.2 forms for a Juvenile filing.
Consider a protection order. If there is violence or threats, file for a DVCPO/CSPO, which has no filing fee and can include temporary custody terms.

Tuscarawas County Practice Notes

Path depends on your case. Inside a pending divorce/dissolution, ask the General Division for temporary orders; for never-married parents, the Juvenile Division handles emergency custody with a Request for Expedited Hearing. Confirm the current procedure and whether ex parte relief is available on your facts.
Protection orders can be faster. If the emergency involves domestic violence or threats, a DVCPO/CSPO may protect you and the children faster than a custody motion — see civil protection orders. In an immediate emergency, call 911.
Local Rule 6.2 still applies. An emergency Juvenile filing must still include the Affidavit of Basic Information, Income, and Expenses and a Confidential Information Page with the initial Complaint for Custody.

Frequently Asked Questions

How do I get emergency custody in Tuscarawas County?: Inside a pending divorce or dissolution, request temporary orders from the General Division using the (Generic) Domestic Motion Form with a supporting affidavit. For never-married parents, file the Complaint for Custody with a Request for Expedited Hearing in the Juvenile Division. In an immediate emergency, call 911.
Can I get temporary orders while my case is pending in Tuscarawas County?: Yes. A party who needs interim custody, parenting time, support, or exclusive use of the home while a domestic relations case is pending requests temporary orders from the General Division, typically by motion with a supporting affidavit. Confirm the current procedure and whether ex parte relief is available with the Clerk.
Do I file in the General Division or the Juvenile Division in Tuscarawas County?: If you are married to (or were married to) the other parent, custody, parenting time, and child support are decided in the General Division as part of your divorce or dissolution. If you were never married, paternity and custody are handled by the Juvenile Division. Grandparent and other non-parent custody requests are always filed in the Juvenile Division.
Where do I get a protection order in Tuscarawas County?: Because Tuscarawas County has no separate domestic relations court, an adult DVCPO (R.C. 3113.31) or Civil Stalking Protection Order (R.C. 2903.214) petition is filed in the General Division of the Court of Common Pleas (a juvenile respondent is handled in the Juvenile Division). In an immediate emergency, call 911.

Free Local Resources in Tuscarawas County

Tuscarawas County Clerk of Courts (General Division). Clerk Wendy D. Jones, Suite 230, PO Box 628, New Philadelphia, OH 44663. Accepts filings in person, by mail, by email (clerkfiling@co.tuscarawas.oh.us, $0.25/page service copies), by e-file (eservices.tuscarawasohcourts.com), or by fax (330-343-4682). Call (330) 365-3243 to confirm deposits and packet requirements before filing.
Tuscarawas County Court of Common Pleas, General Division. Hears divorce, dissolution, legal separation, annulment, and adult DVCPO/CSPO cases at 125 E High Ave, New Philadelphia; (330) 364-8811. DR forms are county-local packets provided via the County Bar Association and SEOLS. How-to videos at youtube.com/@TuscarawasCountyCourts.
Tuscarawas County Juvenile Division. Judge Adam W. Wilgus. Handles parentage, custody, parenting time, and support for never-married parents, plus grandparent visitation and non-parent custody. Local Rule 6.2 requires the Affidavit of Basic Information and a Confidential Information Page with initial filings.
Tuscarawas County Child Support Enforcement Agency (CSEA). Administered by the Prosecutor's Office (Director Traci A. Berry). Opens IV-D support cases, runs wage withholding, distributes payments, and enforces orders. CSEA line: 800-685-2732.
Protection orders — SEOLS & Prosecutor's Office. Standardized DVCPO/CSPO petition forms and self-help guidance are available through Southeastern Ohio Legal Services / Ohio Legal Help. For local help, contact the Tuscarawas County Prosecutor's Office at (330) 365-3214. There is no filing fee; call 911 in an emergency.

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.
Akron family law — Local attorneys and courts serving the Akron metro.
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