Grandparent & Non-Parent Custody in Adams County

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

Adams County, Ohio · West Union

A grandparent, relative, or other non-parent seeking legal custody or companionship time with a child files in the Adams County Juvenile Court before Judge Brett M. Spencer / Magistrate David M. Hunter. The primary form is the county's AC-304 Complaint/Motion for Custody/Companionship Time for non-parents, and the packet mirrors the parentage filing — AC-007 background search with FBI and Ohio BCI checks, a certified birth certificate, and AC-005 Praecipe — with a separate case filed for each child. For a child simply living with a grandparent or caretaker, the lighter AC-302/AC-303 caretaker forms may fit, and a narrow ex parte path exists when both biological parents have died.

How does a grandparent or non-parent get custody in Adams County, Ohio?

File in the Adams County Juvenile Court using AC-304 (Complaint/Motion for Custody/Companionship Time for non-parents), with AC-001, AC-002 (if unrepresented), an AC-007 background-search authorization plus Sheriff-run FBI and Ohio BCI checks for each household member over 18, a certified copy of the child's birth certificate, and AC-005 Praecipe. A separate case is filed for each child — a complaint to open a new case, or a motion if one already exists. If the child is simply living with you, the AC-302 Caretaker Authorization/Power of Attorney and AC-303 (R.C. 3109.042) affidavit may be the right fit. When both biological parents are deceased, use the AC-308/AC-309/AC-310 ex parte path instead.

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: Adams County Court of Common Pleas — Domestic Relations Division

110 West Main Street, West Union, OH 45693, West Union, OH 45693
Phone: (937) 544-2921
Hours: Monday–Friday 8:00 AM – 4:00 PM (closed legal holidays)
Website: www.adamscountycourts.com/

Juvenile Branch (Never-Married Parents)

Adams County Juvenile Court
110 West Main Street, West Union, OH 45693, West Union, OH 45693
Phone: (937) 544-2921
Hours: Monday–Friday 8:00 AM – 4:00 PM (closed legal holidays)

Grandparent & Non-Parent Custody is the right path if…

You are a grandparent, relative, or other non-parent seeking custody or companionship time.
The child has been living with you or you can show you should have legal custody.
You can complete an AC-007 background search with FBI and Ohio BCI checks for each adult in the home.
You can provide a certified copy of the child's birth certificate and file a separate case per child.

Filing Fees

Juvenile new filing ~$125 + ~$105 Custody/Visitation/Parentage cost + $50 Mediation Fund fee · re-open case $50 · Sheriff may charge for background checks · pay by cash, money order, or card (no personal checks) — confirm with the Clerk.

Forms & Filing Packets

Non-parent legal custody or companionship (AC-304) — ~$125 new filing + ~$105 Custody/Visitation/Parentage cost + $50 Mediation Fund fee

A relative, grandparent, or other non-parent asks the Juvenile Court for legal custody or companionship time. The packet mirrors the parentage filing; a separate case is filed per child.

Complaint / Motion for Custody / Companionship Time — Non-Parents (AC-304) — The Adams County form a relative, grandparent, or other non-parent uses to seek legal custody or companionship time in the Juvenile Court. A separate case per child — a complaint to open a new case, or a motion if a case already exists.
Notice of Appearance (AC-001) — Filed by attorneys and any unrepresented spouse/party to enter the case. Required on every Adams County family-law filing.
Waiver of Counsel (AC-002) — Signed by any unrepresented party, acknowledging they are proceeding without an attorney.
Authorization for Background Search (AC-007) — Required for each household resident over 18 in a Juvenile parentage/custody case. Paired with Sheriff-run FBI and Ohio BCI background checks submitted to the court.
Certified copy of the child's birth certificate — Required in a Juvenile parentage/custody case. The court copies and returns the original.
Praecipe (Request) for Service (AC-005) — Tells the Clerk how to serve the other party (certified mail, Sheriff, or publication). Required when service is needed.

Caretaker authorization for a child living with you — Filed through the Juvenile Court's Grandparent/Caretaker Documents section — confirm with the Clerk

When a child is living with a grandparent or caretaker, the AC-302 Caretaker Authorization/Power of Attorney and the AC-303 R.C. 3109.042 affidavit give authority for school and medical decisions — one set per child.

Affidavit of Parent/Grandparent — Caretaker Authorization & Power of Attorney (AC-302) — Used when a child is living with a grandparent or caretaker, giving the caretaker authority for school and medical decisions. One per child, filed through the Juvenile Court's Grandparent/Caretaker Documents section.
Affidavit and Entry for Order pursuant to R.C. 3109.042 (AC-303) — Paired with the AC-302 caretaker affidavit for a child living with a grandparent or caretaker. One per child.

Custody when both parents are deceased — Juvenile schedule — confirm with the Clerk

A private third party seeking authority over a child whose biological parents have both died files an AC-308 complaint with the AC-309 affidavit and AC-310 ex parte motion — a separate case per child.

Notice of Appearance (AC-001) — Filed by attorneys and any unrepresented spouse/party to enter the case. Required on every Adams County family-law filing.
Waiver of Counsel (AC-002) — Signed by any unrepresented party, acknowledging they are proceeding without an attorney.
Authorization for Background Search (AC-007) — Required for each household resident over 18 in a Juvenile parentage/custody case. Paired with Sheriff-run FBI and Ohio BCI background checks submitted to the court.
Certified copy of the child's birth certificate — Required in a Juvenile parentage/custody case. The court copies and returns the original.
Complaint / Motion for Legal Custody — Both Parents Deceased (AC-308) — Filed by a private third party seeking authority over a child whose biological parents have both died. A separate case per child in the Juvenile Court.
Affidavit for Custody — Parents Deceased (AC-309) — The supporting affidavit filed with the AC-308 custody complaint when both biological parents are deceased.
Motion for Temporary Custody (Ex Parte) — Parents Deceased (AC-310) — Asks the Juvenile Court for temporary custody on an ex parte basis when both biological parents are deceased, pending a full hearing.
Praecipe (Request) for Service (AC-005) — Tells the Clerk how to serve the other party (certified mail, Sheriff, or publication). Required when service is needed.

How to File Grandparent & Non-Parent Custody in Adams County

Decide what you need. Choose between full legal custody (AC-304), everyday caretaker authority (AC-302/AC-303), or the parents-deceased path (AC-308/309/310).
Open a case per child. File in the Adams County Juvenile Court — a complaint to open a new case, or a motion if one already exists — with a separate case for each child.
Complete the background search. File an AC-007 authorization and obtain Sheriff-run FBI and Ohio BCI checks for each household resident over 18.
Gather supporting documents. Bring a certified copy of the child's birth certificate (the court copies and returns it) and AC-001/AC-002 as needed.
File and serve. Pay the Juvenile deposit (cash, money order, or card), and use AC-005 Praecipe to serve the parents and other parties.

Adams County Practice Notes

AC-304 is the non-parent custody form. Adams County provides AC-304 (Complaint/Motion for Custody/Companionship Time) specifically for relatives, grandparents, and other non-parents. File a complaint to open a new case, or a motion if a case already exists — a separate case for each child.
Same background checks as a parentage case. The non-parent packet mirrors the parentage filing: an AC-007 Authorization for Background Search with Sheriff-run FBI and Ohio BCI checks for each household resident over 18, plus a certified copy of the child's birth certificate.
Lighter caretaker option for everyday authority. When a child is simply living with a grandparent or caretaker, the AC-302 Caretaker Authorization/Power of Attorney and AC-303 (R.C. 3109.042) affidavit can grant school and medical authority without a full custody case — filed through the Grandparent/Caretaker Documents section.

Frequently Asked Questions

How does a grandparent or relative get custody of a child in Adams County?: A relative, grandparent, or other non-parent seeking legal custody files in the Adams County Juvenile Court using AC-304 (Complaint/Motion for Custody / Companionship Time for non-parents). The packet mirrors the parentage filing: AC-001, AC-002 (if unrepresented), an AC-007 background-search authorization with Sheriff-run FBI and Ohio BCI checks for each household member over 18, a certified copy of the child's birth certificate, and AC-005 Praecipe. A separate case is filed for each child — a complaint to open a new case, or a motion if a case already exists.
Can I get authority to care for a grandchild without a full custody case in Adams County?: Yes. When a child is living with a grandparent or caretaker, Adams County provides AC-302 (Affidavit of Parent/Grandparent — Caretaker Authorization and Power of Attorney) and AC-303 (Affidavit and Entry for Order pursuant to R.C. 3109.042), one per child. These are filed through the Juvenile Court's Grandparent/Caretaker Documents section and are separate from a full non-parent custody complaint (AC-304).
What if I'm caring for a child whose parents have both died?: A private third party can file in the Adams County Juvenile Court for legal custody when both biological parents are deceased — a separate case for each child. The packet is AC-001, AC-002 (if unrepresented), AC-007 Authorization for Background Search with Sheriff-run FBI and Ohio BCI checks for each household member over 18, a certified copy of the child's birth certificate, AC-308 Complaint/Motion for Legal Custody (parents deceased), AC-309 Affidavit for Custody, AC-310 Motion for Temporary Custody (Ex Parte), and AC-005 Praecipe for Service.
How much does a Juvenile (never-married) custody or support case cost in Adams County?: The Juvenile Court uses a separate, lower schedule than Domestic Relations: a new filing is about $125, with Custody/Visitation/Parentage court costs of about $105, and an Unmarried-Mother Custody Order about $50 — plus a $50 Mediation Fund fee on each filing. (The $350 "new custody/support/visitation" figure applies on the Common Pleas/Domestic Relations schedule, not in Juvenile Court.) Pay by cash, money order, or credit/debit — no personal checks. Deposits must be paid before pleadings are accepted; ask about a payment plan or fee waiver.
Do I file in Domestic Relations or Juvenile Court in Adams County?: If you are (or were) married to the other parent, custody, parenting time, and child support are decided inside your divorce or dissolution in the Domestic Relations Division. If you were never married, parentage, custody, parenting time, and support are handled by the Adams County Juvenile Court (R.C. 2151.23) — a separate case is filed for each child. Grandparent and other non-parent custody requests are always filed in Juvenile Court.

Free Local Resources in Adams County

Adams County Clerk of Courts (Larry Heller). Legal division on the top floor of the Courthouse, 110 West Main Street, Room 207, West Union, OH 45693. Accepts filings and provides current fees and instructions. Call (937) 544-2344 (lheller@adamscountycourts.com) before filing to confirm deposits and packet requirements.
Adams County Common Pleas forms & local rules portal. sites.google.com/view/adamscountycommonpleas/home — county AC-### forms, Ohio Supreme Court SC forms, checklists, the local rules (dated 2/3/2026), and pro-se/indigency pages.
Adams County Child Support Enforcement Agency (CSEA). Director Angie Malott. 482 Rice Drive, P.O. Box 386, West Union, OH 45693. Phone (937) 544-5155 or toll-free (800) 840-5711 — establishes/modifies support, paternity, wage withholding, and payment distribution. Set up a court account with Form AC-202.
Adams County Children Services. 300 North Wilson Drive, West Union, OH 45693. Phone (937) 544-2511 for abuse/neglect concerns and emergency child-safety. Call 911 in an emergency.
Adams County CASA / GAL program. Volunteer and contact line (937) 618-0189. Court Appointed Special Advocates carry only 1–2 cases at a time and advocate for a child's best interest in contested and abuse/neglect matters.
Fee waiver (indigency). File the AC-012 Financial Disclosure / Fee-Waiver Affidavit & Order with a motion to waive the court-cost deposit if you meet federal poverty guidelines. See sites.google.com/view/adamscountycommonpleas/indigency.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the 2024 Income Shares worksheet, print, and sign it for filing.

Related to your non-parent custody case

Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
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Child Support — Calculate, establish, or modify support under Ohio's guidelines.

Related guides

In-depth, attorney-written guides on non-parent custody and related Ohio family law topics.

Grandparents' Rights in Ohio: Visitation and Custody — Ohio grandparents can sometimes seek court-ordered companionship time or even custody — but only in specific circumstances and always under the best-interest standard. Here's how it works.
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.
Kinship Adoption in Ohio: Adopting a Relative's Child — When a child can't safely stay with their parents, relatives often step in. Kinship adoption gives that arrangement legal permanence. Here's how it works in Ohio — and how it differs from custody.

Keep exploring

Ohio Grandparent / Non-Parent Custody guide — Statewide overview of grandparent / non-parent custody in Ohio.
Cincinnati family law — Local attorneys and courts serving the Cincinnati metro.
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