Emergency Custody in Washington County

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

Washington County, Ohio · Marietta

An emergency (ex parte) order is a temporary order a judge can issue without first hearing from the other side — reserved for genuine emergencies like an immediate risk to a child's health or welfare. In a Domestic Relations case, Washington County's Local Rule 29 lets you ask the duty judge for ex parte relief supported by two affidavits, and limits when a parent can be removed from the home. In the Juvenile Court, an ex parte order is reviewed the next court day (Loc. Juv. R. 22).

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

In a Domestic Relations case, file an ex parte emergency motion supported by two affidavits — one of income and expenses and one of the emergency facts — and present it to the duty judge under Local Rule 29. The court will not grant ex parte temporary child support unless the parties agree and it is guideline-compliant, and failing to disclose all of your children is treated as contempt. For never-married parents, file in the Juvenile Court, where an ex parte order is reviewed the next court day (Loc. Juv. R. 22). If the danger is domestic violence, file a Civil Protection Order, which is heard the same day.

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: Washington County Court of Common Pleas

205 Putnam St, Marietta, OH 45750, Marietta, OH 45750
Phone: (740) 373-6623
Hours: Monday–Friday, 8:00 AM–4:00 PM
Website: washingtongov.org/269/Common-Pleas-Court---General-Division

Juvenile Branch (Never-Married Parents)

Washington County Juvenile Court
205 Putnam St, Marietta, OH 45750, Marietta, OH 45750
Phone: (740) 373-6623
Hours: Monday–Friday, 8:00 AM–4:00 PM

Emergency Custody is the right path if…

A child faces an immediate risk to health, safety, or welfare.
You can document the specific facts in a sworn affidavit.
Waiting for a normally scheduled hearing would put the child in danger.
There is an existing or simultaneously filed family-law case.

If you need protection from domestic violence, a Civil Protection Order is heard the same day. See protection orders.

Filing Fees

Confirm the ex parte deposit with the Clerk at (740) 373-6623 ext. 2503 · ex parte relief limited to genuine emergencies (Local Rule 29) · juvenile ex parte reviewed the next court day (Loc. Juv. R. 22)

Forms & Filing Packets

Ex parte emergency motion — Confirm the ex parte deposit with the Clerk at (740) 373-6623 ext. 2503

File the motion with two affidavits (income/expenses and the emergency facts) and present it to the duty judge under Local Rule 29, in the DR case (or Juvenile Court for never-married parents).

Affidavit of Income & Expenses (Washington County) — Washington County's local financial affidavit listing your income, expenses, and monthly budget. Required in divorce, dissolution, and legal-separation filings.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.
Motion to Vacate Premises (Washington County) — Asks the court to order a spouse to leave the marital residence. Under Local Rule 29 this generally requires a hearing or an emergency finding.
Motion for Emergency Termination of Visitation (Washington County) — Asks the Juvenile Court to suspend parenting time immediately when a child faces an emergency. Reviewed under Loc. Juv. R. 22.

How to File Emergency Custody in Washington County

Assess whether it's a true emergency. Ex parte relief is for an immediate risk to a child's health or welfare — not ordinary disputes. If it's about violence, file a Civil Protection Order instead.
Prepare the two affidavits. Complete an Affidavit of Income & Expenses and a sworn affidavit setting out the specific emergency facts, and disclose all of your children.
Present to the duty judge. Under Local Rule 29, present the ex parte motion and affidavits to the duty judge in your DR case; for never-married parents, file in the Juvenile Court.
File in the existing case. File the motion in your case at the Clerk of Courts or the Juvenile Court and confirm the deposit.
Prepare for the follow-up hearing. An ex parte order is temporary; a juvenile order is reviewed the next court day, and a full hearing follows where the other party can respond.

Washington County Practice Notes

Local Rule 29 requires two affidavits and reserves ex parte relief. An ex parte emergency motion in a Domestic Relations case must be supported by two affidavits — an Affidavit of Income & Expenses and an affidavit of the emergency facts — and presented to the duty judge. The court will not grant ex parte temporary child support unless the parties agree and it is guideline-compliant.
Disclose all of your children. Failing to disclose all of your children in the emergency filing is treated as contempt. A request to remove a parent from the marital residence (Motion to Vacate Premises) generally requires a hearing or an emergency finding.
No separate Domestic Relations court. Divorce, dissolution, legal separation, and annulment are heard by the General Division of the Court of Common Pleas — there is no separate DR division. Two general-division judges preside, Hon. Nicole Coil (Courtroom A) and Hon. John M. Halliday (Courtroom B), and Domestic Relations Magistrate Laura Silwani (ext. 2303) hears many domestic matters. File through the Clerk's Legal Division at 205 Putnam St., Marietta.

Frequently Asked Questions

Can I get an emergency custody order in Washington County?: Only in a genuine emergency. In a Domestic Relations case, Local Rule 29 lets you ask the duty judge for an ex parte order, supported by two affidavits — one of income and expenses and one of the emergency facts. The court will not grant ex parte temporary child support unless the parties agree and it is guideline-compliant, and failing to disclose all of your children is treated as contempt. In the Juvenile Court, an ex parte order is reviewed the next court day (Loc. Juv. R. 22). If the danger is domestic violence, file a Civil Protection Order, which is heard the same day.
How fast can I get a protection order in Washington County?: Same day for the ex parte order. A Domestic Violence Civil Protection Order under R.C. 3113.31 is filed with the Clerk's Legal Division (ext. 2503) and heard ex parte the day you file, with a full hearing within about 7 to 10 days. There is no filing fee (R.C. 3113.31(J)). Washington County does not post a local DVCPO packet — the Clerk distributes the Ohio Supreme Court forms on request (Local Rule 26). A juvenile civil protection order (where the respondent is under 18, R.C. 2151.34) is handled by the Juvenile Court protection-order clerk, Judy Allen (ext. 2422).
Does Washington County have a separate Domestic Relations court?: No. Washington County has no separate Domestic Relations division. Divorce, dissolution, legal separation, and annulment are all heard by the General Division of the Washington County Court of Common Pleas, filed through the Clerk of Courts, Legal Division, at 205 Putnam St., Marietta. Two general-division judges — Hon. Nicole Coil (Courtroom A) and Hon. John M. Halliday (Courtroom B) — preside, and Domestic Relations Magistrate Laura Silwani (ext. 2303) hears many domestic matters.
Where do unmarried parents file for custody, paternity, or support in Washington County?: At the Washington County Juvenile Court, 205 Putnam St., Marietta, before Hon. Timothy A. Williams (Magistrate Kyle Boker). The Juvenile Court keeps its own clerks: the custody clerk is Jill Roach (ext. 2421), and the paternity/support clerk is Morgan McCartney (ext. 2423). Complete the local juvenile packets in blue ink. Grandparent and other non-parent custody requests are always filed here, not in Probate.

Free Local Resources in Washington County

Washington County Clerk of Courts — Legal Division. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call (740) 373-6623, ext. 2503 (Monday–Friday, 8:00 AM–4:00 PM), or visit https://washingtongov.org/269/Common-Pleas-Court---General-Division before filing to confirm deposits and packet requirements.
Washington County Child Support Enforcement Agency (CSEA). Washington County's IV-D agency, (740) 373-9324 (4th floor), opens child-support cases, runs wage withholding, distributes payments, and enforces orders. File a IV-D Application when establishing or modifying support.
"Successful Co-Parenting" Parenting Class — OSU Extension. The court-approved parenting-education class for parents with minor children, run by OSU Extension–Washington County. Meets the second Monday of each month, 3:00–5:00 p.m., at 1115 Gilman Ave., Marietta; $30 in exact cash; pre-register at (740) 376-7431. File the certificate before the final hearing.

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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