Emergency Custody in Union County

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

Union County, Ohio · Marysville

When a child faces immediate risk, courts can act quickly. But because Union County holds a hearing on temporary-order motions rather than deciding them on affidavits alone, the divorce case is usually not the fastest path for an emergency. For immediate protection from violence or threats, a domestic violence protection order can include a same-day order — including temporary custody. If anyone is in danger right now, call 911.

How do I get emergency custody in Union County, Ohio?

If a child is at immediate risk, file an ex parte emergency motion with a supporting affidavit in your open Domestic Relations or Juvenile case, showing the specific danger. Because Union holds a hearing on temporary-order motions, the divorce case is not the fast path for an emergency. For immediate protection from violence or threats, file a Petition for a Domestic Violence Civil Protection Order in the Court of Common Pleas — there is no filing fee, a judge or magistrate can grant a same-day ex parte order, and the order can include temporary custody and support. Confirm any emergency procedure with the DR Bailiff at (937) 645-3015. If anyone is in danger right now, 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: Union County Court of Common Pleas - Domestic Relations Division

215 W 5th St, Marysville, OH 43040, Marysville, OH 43040
Phone: (937) 645-3015
Hours: Monday–Friday (call the Clerk to confirm current hours)
Website: www.unioncountyohio.gov/departments/CommonPleasCourt

Emergency Custody is the right path if…

A child faces an immediate risk of harm right now.
There is violence, threats, abduction risk, or serious neglect.
You need temporary protection before a full hearing can be scheduled.
You can describe the specific danger in a sworn affidavit.

Filing Fees

DVCPO: no fee to the petitioner · ex parte emergency motion is part of your case deposit · confirm the current emergency procedure with the DR Bailiff at (937) 645-3015 · call 911 for immediate danger

Forms & Filing Packets

Immediate danger — domestic violence protection order — $0 to the petitioner

File a DVCPO petition in the Court of Common Pleas; a same-day ex parte order can include temporary custody. No filing fee.

Petition for Domestic Violence Civil Protection Order (Ohio Form 10.01-D) — Opens a Civil Protection Order case under R.C. 3113.31 against a family or household member. There is no filing fee to the petitioner, and a judge or magistrate can grant a same-day ex parte order when there is immediate danger.
Ex Parte / Full Civil Protection Order (Ohio Form 10.01-H) — The proposed order brought to the same-day ex parte review and the full hearing (held within 7–10 days). A final order can last up to five years and can order no contact, use of the home, and temporary custody and support.

Ex parte emergency motion in an open case — Part of your case deposit

File an emergency motion with a supporting affidavit in your DR or Juvenile case showing the immediate risk to the child.

Ex Parte Emergency Motion + Supporting Affidavit — Requests urgent temporary relief in an open case. Because Union holds a hearing on temporary-order motions, true emergencies must show immediate risk in a sworn affidavit. For immediate danger, a domestic violence protection order is the faster path. Confirm the current procedure with the DR Bailiff at (937) 645-3015.
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.

How to File Emergency Custody in Union County

If anyone is in danger, call 911. A protection order is a civil court process, not an emergency response. For immediate danger, call 911 first.
Choose the right tool. For violence or threats, file a DVCPO in the Court of Common Pleas. For risk to a child in an existing case, file an ex parte emergency motion.
Document the emergency. Prepare a sworn affidavit describing the specific, immediate danger; attach any evidence you have.
File and seek the ex parte order. File the DVCPO petition (no fee) or the emergency motion; a judge or magistrate can grant same-day relief in a true emergency.
Attend the full hearing. A full DVCPO hearing follows within 7–10 days; the court can issue a final order up to five years. Confirm procedure with the DR Bailiff at (937) 645-3015.

Union County Practice Notes

Union holds a hearing on every temporary-order motion. Unlike many Ohio counties, Union does not decide temporary orders on the affidavits alone — it sets a hearing on all temporary-order motions, and in cases with children usually sends parents to an initial mediation session first. A motion for exclusive use of the home is never granted without the other side being heard. Because of this, the divorce case is not the fast path for an emergency; for immediate protection use a DVCPO.
A DVCPO is the fast path for danger. Because Union holds hearings on temporary motions, a domestic violence protection order — not the divorce case — is the fast path for an emergency. A judge or magistrate can issue a same-day ex parte order that includes no contact, use of the home, and temporary custody and support.
Ex parte relief requires a sworn showing. Ex parte (without the other side present) relief is reserved for genuine emergencies and must be backed by a sworn affidavit showing immediate risk. The other parent gets a prompt hearing afterward.

Frequently Asked Questions

How do I get a domestic violence protection order in Union County?: File a Petition for a Domestic Violence Civil Protection Order in the Union County Court of Common Pleas. There is no filing fee to the petitioner. A judge or magistrate can issue a same-day ex parte order when there is immediate danger, and a Magistrate holds a full hearing within 7–10 days. A final order under R.C. 3113.31 can last up to five years and can order no contact, use of the home, and temporary custody and support. If you are in danger right now, call 911.
How does Union County decide temporary orders during a divorce?: Union holds a hearing on every motion for temporary orders — it does not decide them on the affidavits alone. In cases with children, the court usually sends parents to an initial mediation session before that hearing. A motion for exclusive use of the home is never granted without the other side first being heard. Because the court holds hearings on temporary motions, the divorce case is not the fast path for an emergency — for immediate protection use a domestic violence protection order.
How do I enforce a Union County custody or support order?: File a motion to show cause (for contempt) in the case that issued the order. In the Juvenile Court a show-cause motion has a $100 deposit; in a Domestic Relations case it is filed as a post-decree motion with the $485 deposit. The motion must state the specific order being violated. Support enforcement can also go through the Child Support Enforcement Agency at (937) 644-1010.

Free Local Resources in Union County

Union County Clerk of Courts. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call (937) 645-3015 or visit https://www.unioncountyohio.gov/departments/CommonPleasCourt before filing to confirm deposits and packet requirements.
Union County Child Support Enforcement Agency (CSEA). Union County's IV-D agency opens child-support cases, runs wage withholding, distributes payments, and enforces orders. File a IV-D Application when establishing or modifying support.

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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