Emergency & Temporary Orders in Van Wert County

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

Van Wert County, Ohio · Van Wert

While a divorce, legal separation, annulment, or post-decree case is pending, the Common Pleas Court can issue temporary orders for support, parenting, and use of the home — and, in limited urgent situations, ex parte orders decided without the other side first being heard. This guide explains both, and how they differ from a protection order.

Can I get an emergency (ex parte) custody order in Van Wert County?

Only in exigent circumstances. Ex parte temporary orders are discouraged and will not be issued except in exigent circumstances supported by a comprehensive affidavit addressing each element of relief (Local Rule 6.4(C)). The Court will not sign an ex parte entry unless it sets a further hearing not sooner than 7 nor later than 28 days from the date the entry is filed. For ordinary temporary support or health-insurance coverage, file an Affidavit of Income & Expenses and the DR-2, plus a journal entry setting (or dispensing with) a hearing (Local Rule 6.4). For abuse, a Domestic Violence Civil Protection Order is a separate case.

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: Van Wert County Court of Common Pleas — General / Domestic Relations Division

121 East Main Street, 3rd Floor, Van Wert, OH 45891
Phone: (419) 238-6935
Hours: Monday–Friday (confirm current hours with the Clerk of Courts at (419) 238-1022)
Website: www.vwcommonpleas.org

Juvenile Branch (Never-Married Parents)

Van Wert County Probate & Juvenile Court
108 East Main Street, Van Wert, OH 45891
Phone: (419) 238-1118
Hours: Monday 8:30 a.m.–5:00 p.m.; Tuesday–Friday 8:30 a.m.–4:00 p.m. (closed on legal holidays)

Emergency Custody is the right path if…

You have a pending (or simultaneously-filed) divorce, legal separation, annulment, or post-decree case.
There is a genuine, urgent risk to the child that can't wait for a normal hearing (for an ex parte request).
You can prepare a comprehensive affidavit supporting each element of the relief you seek.
You need temporary support, parenting, or use of the home while the case is pending.

Filing Fees

Temporary and ex parte requests are filed within the underlying divorce/legal-separation/post-decree case; confirm any additional deposit with the Clerk at (419) 238-1022. A separate Domestic Violence Civil Protection Order has no filing fee for the petitioner.

Forms & Filing Packets

Ex parte emergency order (exigent circumstances) — Filed within the underlying case (confirm any deposit with the Clerk)

Filed in the pending (or simultaneously-filed) Common Pleas case. The Court will not sign the entry unless it sets a hearing 7–28 days out (Local Rule 6.4(C)).

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.
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.
Van Wert County Common Pleas Local Rules (revised 8/18/2025) — The local DR rules — Rule 4 (deposits), Rule 6.2 (required attachments + DR-2), Rule 6.4 (temporary/ex parte orders + Standing Orders), Rule 6.5 (parenting class), Rule 6.12/6.12A (relocation), and Rule 6.13 (pre-trials).

Ordinary temporary orders (support, parenting, home) — Filed within the underlying case

Request temporary support or coverage by filing an Affidavit of Income & Expenses and the DR-2 with a journal entry; other relief is considered at the first pre-trial (Local Rule 6.4).

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.
DR-2 IV-D Application (Van Wert County-required attachment) — Required at filing of any Common Pleas domestic-relations case involving children — the Clerk will not accept a children's filing without it (Local Rule 6.2). Opens the IV-D child-support record. Tip: Obtain the current DR-2 from the Clerk of Courts at (419) 238-1022 when you file.
Standard Standing Orders (DR Form 14, Van Wert County) — The Court's automatic standing orders, served by the Clerk with every original divorce or legal-separation complaint (Local Rule 6.4). They hold things in place while the case is pending.

How to File Emergency Custody in Van Wert County

Decide ex parte vs. ordinary temporary orders. Ex parte relief is only for exigent circumstances; routine temporary support and parenting are usually set at the first pre-trial.
Prepare the comprehensive affidavit. For an ex parte request, write a detailed affidavit supporting each element of the relief; for temporary support, file an Affidavit of Income & Expenses and the DR-2.
File within the underlying case. File the motion, affidavit(s), DR-2, and a proposed entry in the pending divorce, legal-separation, or post-decree case; contact the court at (419) 238-6935 about scheduling.
Attend the follow-up hearing. Any ex parte entry sets a hearing 7–28 days out where both sides are heard before the order continues or changes.

Van Wert County Practice Notes

Ex parte relief is discouraged and narrow. Ex parte temporary orders will not be issued except in exigent circumstances, and the request must be accompanied by a comprehensive affidavit supporting each element of relief. The Court will not sign an ex parte entry unless it includes a notice setting the matter for a hearing not sooner than 7 nor later than 28 days from the date the entry is filed (Local Rule 6.4(C)).
Temporary orders aren't permanent. Temporary orders for support and coverage are requested with an Affidavit of Income & Expenses and the DR-2; other relief is considered at the first pre-trial. They last until the court issues a further or final order. This is not the same as a Domestic Violence Civil Protection Order, which is a separate case.

Frequently Asked Questions

Can I get an emergency (ex parte) order in my Van Wert County divorce?: Only in exigent circumstances. Ex parte temporary orders are discouraged and will not be issued except in exigent circumstances supported by a comprehensive affidavit addressing each element of relief (Local Rule 6.4(C)). The Court will not sign an ex parte entry unless it sets a further hearing not sooner than 7 nor later than 28 days from the date the entry is filed. For ordinary temporary support, file an Affidavit of Income & Expenses and the DR-2, plus a journal entry setting (or dispensing with) a hearing (Local Rule 6.4).
How do I get a protection order in Van Wert County, and does it cost anything?: File a Domestic Violence Civil Protection Order petition (Ohio Supreme Court Form 10.01-D) at the Van Wert County Clerk of Courts, 121 East Main Street; there is no filing fee for the petitioner (R.C. 3113.31). The court reviews the petition promptly and, if the standard is met, issues a temporary ex parte order and sets a full hearing (generally within 7–10 court days). A final CPO can last up to five years and can include temporary parenting time and support. Confirm same-day filing cutoffs with the Clerk at (419) 238-1022.
Which Van Wert County court hears my family-law case?: If you are (or were) married to the other parent, divorce, dissolution, legal separation, annulment, post-decree matters, and civil protection orders are heard in the General / Domestic Relations Division of the Van Wert County Court of Common Pleas (Judge Martin D. Burchfield; domestic cases heard by Magistrate Christina L. Steffan) and filed with the Clerk of Courts at 121 East Main Street, (419) 238-1022. If you were never married, parentage, custody, parenting time, and child support — and non-parent custody requests — are heard in the Van Wert County Probate & Juvenile Court (Judge Kevin H. Taylor), 108 East Main Street, Juvenile (419) 238-1118.
When does Van Wert County appoint a Guardian ad Litem, and who pays?: On a party's motion or its own motion when it is in the child's best interest, the Common Pleas Court appoints a Guardian ad Litem under Sup.R. 48; the parties pay the GAL's expense and the deposit is set on a case-by-case basis (Local Rule 6.6). In the Juvenile Court, a GAL is appointed under Rule 14 / Sup.R. 48 with a $500 security deposit (the Court may adjust it). The court may also order an investigation into the designation of the residential parent (a Juvenile home investigation deposit is $750).

Free Local Resources in Van Wert County

Van Wert County Clerk of Courts (Domestic Relations). Where divorce, dissolution, legal-separation, annulment, post-decree, and protection-order filings are made — Van Wert County Courthouse, 121 East Main Street, (419) 238-1022 (fax filing (419) 238-4760 under Local Rule 5). The Clerk confirms current deposits and packet requirements; the Local Rules are posted at https://www.vanwertcountyohio.gov/government/courts/common_pleas_court/index.php.
Van Wert County Probate & Juvenile Court. Hears never-married parentage, custody, support, and non-parent custody, plus adoption — 108 East Main Street, Juvenile (419) 238-1118, Probate (419) 238-0027. New parentage/custody/support case $225 (Rule 8). Forms and e-filing at https://vwprobjuvcourt.com and https://efile.henschen.com.
Van Wert County Child Support Enforcement Agency (CSEA). The IV-D agency that establishes, collects, and enforces child support by income withholding — Van Wert County Job & Family Services, 121 East Main Street, (419) 238-9566. Apply for services at https://www.vanwertcountyohio.gov/services/job_and_family_services/child_support_enforcement_agency.php. Payments run through the Ohio Child Support Payment Central (Ohio CSPC).
Parenting class (Local Rule 6.5). The court-ordered parenting-education requirement in any domestic case with minor children — approved online programs and the live 'A-OK' course, due within 60 days of the final entry. Confirm the approved-program list with the Court Administrator at (419) 238-6935.
Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes 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.

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Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
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