{"id":375615,"date":"2018-04-19T16:01:28","date_gmt":"2018-04-19T21:01:28","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-child-custody-forms-and-process.html"},"modified":"2025-04-04T15:22:44","modified_gmt":"2025-04-04T20:22:44","slug":"ohio-child-custody-forms-and-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-child-custody-forms-and-process.html","title":{"rendered":"Ohio Child Custody Forms and Process"},"content":{"rendered":"\n
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Ohio Child Custody Forms and Process<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When parents separate, they often must address many important, sensitive issues. Sometimes, the most contentious matter involves child custody<\/a> and parenting time for their minor children.<\/p>\r\n

In Ohio, the answer to the question "Who gets custody<\/a>?" will depend on the parents’ process to resolve child placement, decision-making, and parenting time issues. This article offers an overview of the forms and processes involved in settling Ohio child custody matters. Contact an experienced Ohio family law attorney<\/a> if you have a custody issue.<\/p>\r\n

Establishing Child Custody in Ohio<\/b><\/h2>\r\n

In the Buckeye State, the initial steps in the child custody process typically begin with filing a petition to allocate parental rights and responsibilities. You file these in the appropriate division of the Court of Common Pleas<\/a> or county court.<\/p>\r\n

If the parents are married, they will file their request with the clerk of courts for the domestic relations division. The custody action<\/a> can be part of a divorce, dissolution, or legal separation case. If the parents are unmarried, they may file with the clerk for the juvenile or domestic relations court, depending on the county and local rules. In some counties, a family court may contain juvenile, domestic relations, and probate areas.<\/p>\r\n

Along with filing the petition or complaint in the proper court, both parents must submit detailed information about their living situations, income, health care, household and child-related expenses, and relationship with the child to the court.<\/p>\r\n

Once in court, the judge may order the litigants to take part in mediation sessions to encourage an amicable resolution. The court may also appoint a guardian ad litem<\/a> (GAL) to represent the child’s best interests<\/a>. After you’ve submitted all required documents, the court may issue a temporary order for a custody arrangement while the case remains pending. Temporary orders can also address child support<\/a> and other matters as appropriate.<\/p>\r\n

If the parents settle, they will present a parenting agreement<\/a> to the court for review. If the court approves the agreement, there may be a brief hearing where the court will adopt the agreement and make it a judgment and order of the court. When the parents can’t agree, or the court does not accept their proposal, then the case will proceed as a contested hearing or trial.<\/p>\r\n

Each parent will present their witnesses and evidence at a contested final hearing or trial. The GAL may also testify and present a report and recommendations. The judge will weigh the evidence and decide what outcome is in the best interests of the children. They will issue their findings<\/a> and orders in a judgment entry.<\/p>\r\n

Ohio Child Custody Laws at a Glance<\/b><\/h2>\r\n

It is always beneficial to see a law in its original statutory form. But understanding what that law means is often easier when laid out in plain English. This chart offers you an overview of the Ohio child custody process.<\/p>\r\n\r\n
Relevant Ohio child custody laws<\/th>\r\n

Ohio Revised Code<\/b><\/p>\r\n

Title XXXI \u2014 Domestic Relations and Children<\/p>\r\n

General rule<\/th>\r\n

In any divorce, legal separation, annulment, or other proceeding allocating the parental rights and responsibilities for a child, the court may determine and allocate parental rights and responsibilities for the care of the minor child.<\/p>\r\n<\/td>\r\n<\/tr>

Considerations during allocation<\/th>\r\n

Courts will look to the best interests of the child when dividing parental rights. In an original action, each parent stands upon equality. There is no presumption toward one parent or another. To determine the appropriate course of action a court may:<\/p>\r\n

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  • Interview the child in chambers<\/li>\r\n
  • Review the character, conduct, earning ability, and finances of each parent<\/li>\r\n
  • Appoint a guardian ad litem (GAL) to investigate and make recommendations in the best interests of the children<\/li>\r\n
  • Order each parent and child to submit to medical and psychological evaluations<\/li>\r\n
  • Weigh the credibility of witnesses and the value of evidence presented to the court<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Related Statutes<\/th>\r\n

Ohio Revised Code<\/b><\/p>\r\n

Title XXI \u2014 Courts \u2014 Probate \u2014 Juvenile<\/p>\r\n