Grandparent & Non-Parent Custody in Ashland County

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

Ashland County, Ohio · Ashland

A grandparent, relative, or other non-parent can ask the Juvenile Division of the Ashland County Court of Common Pleas for legal custody of a child (R.C. 2151.23) — Judge Karen DeSanto Kellogg, 142 West Second Street. The bar is high: you generally must show the parents are unsuitable (abandonment, forfeiture, total inability to provide care, or that parental custody would be detrimental to the child) before the court reaches best interest. Legal custody leaves parents residual rights; it is not adoption. For short-term needs, a Grandparent Power of Attorney can cover school and medical decisions without a custody case.

How can a grandparent get custody in Ashland County, Ohio?

File a legal-custody complaint in the Juvenile Division using the Supreme Court custody packet, with UDRF Affidavit 1 and Affidavit 4, Affidavit 3 (parenting proceeding), a IV-D application, and the Foster or Kinship Caregiver Information Form (Form 12.0). You must generally prove the parents unsuitable — not just that you'd be a better placement — before the court weighs best interest. A two-party case is $175, +$25 per additional party, so a non-parent case against two parents is a three-party case ($200); a fee waiver is available. For temporary needs short of custody, the court publishes a Grandparent Power of Attorney and Caretaker Authorization Affidavit packet. Confirm current amounts with the Juvenile Clerk at (419) 282-4205.

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: Ashland County Common Pleas Court - Domestic Relations Division

142 W 2nd St, Ashland, OH 44805, Ashland, OH 44805
Phone: (419) 282-4242
Hours: Monday–Friday (call the Clerk to confirm current hours)
Website: ashlandcommonpleas.com

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

You are a grandparent, relative, or other non-parent seeking legal custody of a child.
You can show the parents are unsuitable — abandonment, forfeiture, inability to provide care, or that parental custody would harm the child.
You want legal custody (leaving parents residual rights), not adoption.
A short-term Grandparent Power of Attorney isn't enough for your situation.

If you only need temporary school/medical authority, a Grandparent Power of Attorney or Caretaker Authorization Affidavit may be enough without a custody case. See Ashland County custody.

Filing Fees

Two-party custody $175 (+$25 per additional party; a non-parent case against two parents is 3-party = $200) · must generally prove parental unsuitability · Grandparent POA available for short-term needs · fee waiver available · confirm at (419) 282-4205

Forms & Filing Packets

File for legal custody — $175 two-party (a case against both parents is 3-party: $200) — confirm with the Juvenile Clerk

File the Supreme Court custody complaint in the Juvenile Division with the financial, health-insurance, and parenting affidavits, a IV-D application, and the Foster/Kinship Caregiver Information Form (12.0).

Complaint for Allocation of Parental Rights & Responsibilities (Ohio SC Form 23) — Asks the Juvenile Branch to name a residential parent and legal custodian and set a parenting-time schedule when the parents were never married.
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.
Health Insurance Affidavit (Ohio SC Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer, so the court can order medical support.
IV-D Application for Child Support Services (JFS-07076) — Required with any DR or Juvenile filing involving custody or support. In DR cases it is EMAILED to hadkins@ashlandcommonpleas.com — never filed with the Clerk.
Foster or Kinship Caregiver Information Form (Juvenile Local Form 12.0) — Filed with a non-parent legal-custody complaint in the Juvenile Division identifying the caregiver placement (Juvenile LR 27).

Short-term: Grandparent Power of Attorney

For temporary arrangements without a custody order, use the Grandparent Power of Attorney and Caretaker Authorization Affidavit packet to cover school and medical decisions.

Grandparent Power of Attorney & Caretaker Authorization Affidavit Packet — A short-term alternative to a custody case: lets a grandparent or relative make school and medical decisions without a court custody battle.

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

Decide custody vs. power of attorney. If you need decision-making authority short-term, use the Grandparent Power of Attorney packet; if you need legal custody, file a case in the Juvenile Division.
Build the unsuitability evidence. Document abandonment, inability to provide care, or detriment to the child — the court must reach unsuitability before best interest.
Assemble the custody packet. Supreme Court custody complaint, Affidavit 1, Affidavit 4, Affidavit 3, a IV-D application, and the Foster/Kinship Caregiver Information Form (12.0).
File with the Juvenile Clerk and pay (or waive). File at 142 West Second Street and pay the deposit ($175 two-party; $200 against two parents), or request a fee waiver. Confirm amounts at (419) 282-4205.

Ashland County Practice Notes

Unsuitability comes before best interest. A non-parent must generally show the parents are unsuitable — abandonment, forfeiture, total inability to provide care or support, or that parental custody would be detrimental — before the court reaches the best-interest analysis. Being a better placement is not enough.
Legal custody is not adoption. Legal custody leaves the parents with residual rights and is reversible; adoption permanently terminates parental rights and is handled in the Probate Division. Choose the tool that fits your goal.
A GAL or CASA may be appointed. Under Sup.R. 48 the court may appoint a Guardian ad Litem on its own or a party's motion; Ashland uses a court-maintained GAL list and appoints a CASA volunteer when available and appropriate (Juvenile LR 8). Emergency custody requires exigent-circumstances affidavits (Juvenile LR 28).

Frequently Asked Questions

Can grandparents get custody in Ashland County without adopting?: Yes — legal custody through the Juvenile Division (R.C. 2151.23). You must generally prove the parents unsuitable (abandonment, forfeiture, total inability to provide care, or that parental custody would be detrimental) before the court reaches best interest. Legal custody leaves parents residual rights; it is not adoption.
Is there a cheaper short-term option than a custody case in Ashland County?: Yes. The Juvenile Division publishes a Grandparent Power of Attorney and Caretaker Authorization Affidavit packet that can cover school and medical decisions without filing a custody case.
What does a non-parent custody case cost in Ashland County?: A two-party custody case is $175, +$25 per additional party — so a non-parent case against two parents is a three-party case ($200). A fee waiver is available. Confirm current amounts with the Juvenile Clerk at (419) 282-4205.

Free Local Resources in Ashland County

Ashland County Clerk of Courts. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call (419) 282-4242 or visit https://ashlandcommonpleas.com before filing to confirm deposits and packet requirements.
Ashland County Child Support Enforcement Agency (CSEA). Ashland County's IV-D agency opens child-support cases, runs wage withholding, distributes payments, and enforces orders. File a IV-D Application when establishing or modifying support.

Related to your non-parent custody case

Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
Adoption — Grow your family through step-parent, agency, or kinship adoption.
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.
Medina family law — Local attorneys and courts serving the Medina metro.
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