Ohio Child Custody Forms and Process

When parents separate, they often must address many important, sensitive issues. Sometimes, the most contentious matter involves child custody and parenting time for their minor children.

In Ohio, the answer to the question "Who gets custody?" 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 if you have a custody issue.

Establishing Child Custody in Ohio

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 or county court.

If the parents are married, they will file their request with the clerk of courts for the domestic relations division. The custody action 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.

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.

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 (GAL) to represent the child's best interests. 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 and other matters as appropriate.

If the parents settle, they will present a parenting agreement 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.

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 and orders in a judgment entry.

Ohio Child Custody Laws at a Glance

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.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state laws you are reviewing.

Ohio Child Custody Forms

Ohio child custody forms are essential documents needed to start the custody process in the state's juvenile or domestic relations courts. When you hire an attorney, they may find or use their own forms and motions for the appropriate court action.

For self-represented parties and others, the Ohio Supreme Court offers domestic and juvenile standardized forms that anyone can access online. All Ohio courts must accept these forms. Courts may also provide forms specific to their court in their local rules. Key child custody court forms include:

• Parenting Proceeding Affidavit
• Health Insurance Affidavit
• Affidavit of Income
• Affidavit of Property
• Request for Service
• Waiver of Service of Summons
• Complaint for Parentage, Allocation of Parental Rights and Responsibilities
• Petition for Dissolution of Marriage
• Complaint for Divorce with Children
• Separation Agreement
• Shared Parenting Plan
• Parenting Plan

The Supreme Court of Ohio offers these uniform domestic relations forms. But, they are only informational and should not be considered legal advice.

Electronic submission of these documents will be possible in places where the clerk of courts has adopted an e-filing system. Beware that each document filing may need a filing fee. The clerk's staff may post a fee schedule, or you can ask them.

The court may issue various orders, including temporary custody arrangements and child support orders.

Ohio Child Custody Hearing

An Ohio child custody hearing is where a court reviews all submitted documents and evidence to determine parental rights and responsibilities allocation. During the hearing, both parents may present their cases, provide testimony, and submit evidence such as the Parenting Proceeding Affidavit, Affidavit of Income, and Affidavit of Property.

The court evaluates factors such as the child's relationship with each parent, living arrangements, and any history of domestic violence or neglect. There must be an oral hearing or trial to finalize decisions in contested cases.

The court may approve a shared parenting plan or name one parent the legal custodian and residential parent. In all cases, it must provide a parenting time schedule that says when each parent will care for the children. The court may appoint a parenting coordinator to help create and execute a schedule or plan if necessary.

After the hearing concludes, the court will issue a judgment entry and a court order, establishing the custody arrangement. In contested cases, this may be weeks or months later.

Custody and the Civil Protection Order

Ohio courts may issue a protection order in certain cases involving domestic violence. Protection orders can happen in criminal and civil cases.

In domestic relations or juvenile court, a judge may issue temporary orders of custody and parenting time in a civil protection order (CPO). This may be the starting point of court proceedings for parents (whether married or unmarried) that will lead to separation or termination of a relationship.

In a civil protection order hearing, the petitioner alleges that the respondent has engaged in domestic violence. They file an action requesting an order of protection for their safety. These requests may be granted at an ex parte hearing (only one party is present) on the same day they are filed. Or a full hearing must take place in a matter of days when both parties are on notice and can present evidence. After a hearing, the court must decide whether to maintain, modify, or dismiss the order.

In most cases, a court will address custody and parenting time in a CPO only when the petitioner alleges a risk of harm to the parties' children. The court can protect the children, or it can allow the respondent to maintain contact and parenting time with the children safely.

Ohio Custody Forms: Related Resources

• Ohio Legal Help: Child Custody, Visitation, and Shared Parenting
• Ohio Legislative Service Commission: Grandparent Rights
• Ohio Child Custody Laws

Get Legal Advice on Child Custody Forms and Processes in Ohio

Child custody is a difficult, sensitive issue. The child custody process can be daunting in Ohio because there are many forms to complete and procedures to follow. If you have questions about navigating the maze of child custody forms or the process itself, speak to an experienced Ohio child custody attorney about your situation.