Grandparent & Non-Parent Custody in Brown County

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

Brown County, Ohio · Georgetown

A grandparent, relative, or other adult raising a child can ask the Brown County Juvenile Division for legal custody when staying with the parents is not in the child's best interest (R.C. 2151.23 / 2151.353). The court generally must find the parents unsuitable or that they relinquished custody. For shorter-term needs, Brown County offers two free tools — the Grandparent Power of Attorney and the Caretaker Authorization Affidavit — that bridge urgent gaps without a custody order.

How can a grandparent or relative get custody in Brown County, Ohio?

File the Juvenile Filing Packet for Complaint (or a Motion for Custody) in the Brown County Juvenile Division ($120 new complaint), naming the child and parents and stating why non-parent custody is needed. The parents are served and may respond; the court may order a home study ($150 in / $200 out of county) and appoint a Guardian ad Litem ($750 deposit), then decides custody on the child's best interest after generally finding the parents unsuitable or that they relinquished custody. If you only need to handle school and medical decisions short-term, use the free Grandparent Power of Attorney or Caretaker Authorization Affidavit — these are caregiving tools, not a court grant of legal custody.

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: Brown County Court of Common Pleas — General & Domestic Relations Division

101 South Main Street, Georgetown, OH 45121, Georgetown, OH 45121
Phone: (937) 378-3233
Hours: Monday–Friday 8:00 AM – 4:00 PM; Thursdays until 6:00 PM (closed legal holidays)
Website: browncountyohiocommonpleascourt.us/
e-Filing: https://www.clerkofcourtsbrowncountyohio.org/homeCP.php

Juvenile Branch (Never-Married Parents)

Brown County Probate & Juvenile Court (Juvenile Division)
510 East State Street, Georgetown, OH 45121, Georgetown, OH 45121
Phone: (937) 378-6726
Hours: Monday–Friday 8:00 AM – 4:00 PM

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

You are a grandparent, relative, or other adult actively caring for the child.
Remaining in a parent's custody is not in the child's best interest.
You can show the parents are unsuitable or have relinquished custody.
You need either legal custody or at least authority to handle school and medical decisions.

Filing Fees

$120 Juvenile new complaint for a legal-custody case ($90 reactivation) · home study $150 in / $200 out of county · GAL deposit $750 · Grandparent POA and Caretaker Authorization Affidavit are free — confirm with the Juvenile Court at (937) 378-6726

Forms & Filing Packets

Complaint for legal custody to a non-parent — $120 Juvenile new complaint

File the Juvenile Filing Packet for Complaint with the UCCJEA Parenting Proceeding Affidavit. The court weighs parental suitability and the child's best interest, and may order a home study or a GAL.

Juvenile Filing Packet for Complaint (Brown County) — The Brown County Juvenile Division packet to open a parentage, custody, or non-parent custody case at 510 E. State St., Georgetown. Pair it with the Directions for All 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.
Home Study Instructions (Brown County Juvenile Division) — Instructions for the Juvenile home study the court may order in a custody case ($150 in county / $200 out of county); adult household members complete BCI/FBI checks at their own expense.
Directions for All Filings (Brown County Juvenile Division) — The Brown County Juvenile Division's general filing instructions — what to attach, how to serve, and how to pay (cash, money order, or credit card with a 3% fee).

Free short-term caregiving tools — No fee

Use the Grandparent Power of Attorney or the Caretaker Authorization Affidavit to handle school and medical decisions without a custody case. Both are free (no filing fee).

Grandparent Power of Attorney (Brown County Juvenile Division) — A no-fee Brown County caregiving tool that lets a grandparent handle a child's school and medical decisions short of full legal custody — it is not a court grant of custody.
Caretaker Authorization Affidavit (Brown County Juvenile Division) — A no-fee Brown County affidavit for a relative caring for a child when a parent is unavailable; it authorizes care decisions but does not transfer legal custody.

How to File Grandparent / Non-Parent Custody in Brown County

Decide what you need. Determine whether you need full legal custody through the Juvenile Court or just short-term authority to make school and medical decisions.
Prepare the filing. For legal custody, complete the Juvenile Filing Packet with the UCCJEA affidavit; for caregiving, complete the Grandparent Power of Attorney or Caretaker Authorization Affidavit.
File in the Juvenile Division. File the legal-custody complaint at the Brown County Juvenile Court (510 E. State St., Georgetown) and pay the $120 deposit; the free caregiving forms carry no fee.
Attend the hearing. The court may order a home study or a GAL and holds a hearing on parental suitability and the child's best interest before awarding custody.

Brown County Practice Notes

Caregiving tools are not legal custody. The Grandparent Power of Attorney and the Caretaker Authorization Affidavit let a grandparent or relative handle school and medical decisions when a parent is unavailable, but they are administrative tools (both free) — not a court determination reallocating legal custody. They can bridge an urgent gap while a custody case proceeds.
Background checks, home study, and a GAL. In a contested custody case, the court can appoint a Guardian ad Litem — a court-appointed attorney — to investigate and recommend a parenting plan in the child's best interest. The GAL does not represent the child's wishes; the GAL represents what is best for the child. GAL fees are typically allocated between the parents. In Brown County, anyone seeking custody signs a waiver for a criminal background check and an abuse/neglect/dependency central-registry check at their own expense (Local Rule 23); the court may order a home study ($150 in / $200 out of county) and appoint a GAL ($750 deposit).

Frequently Asked Questions

Can a grandparent or relative get custody in Brown County?: Yes. A non-parent — a grandparent, aunt, or family friend — can file in the Juvenile Division for legal custody under R.C. 2151.23 / 2151.353 when remaining with the parents is not in the child's best interest; the court generally must find the parents unsuitable or that they relinquished custody. A new complaint is $120. For shorter-term needs, Brown County offers two free tools — the Grandparent Power of Attorney and the Caretaker Authorization Affidavit — which authorize school and medical decisions but do not transfer legal custody.
Can grandparents get visitation (companionship) in Brown County?: Yes, in defined circumstances. Grandparent or relative companionship is granted under R.C. 3109.11 (when a parent is deceased) or R.C. 3109.12 (when the mother was unmarried), based on the child's best interest and the companionship factors in R.C. 3109.051(D). A grandparent files in the Juvenile Division using the Filing Packet for Complaint or the Motion for Custody and/or Visitation. Companionship is the non-parent term and is more limited than a parent's parenting time.
Do I file in Domestic Relations or Juvenile Court in Brown County?: If you are or were married to the other parent, custody, parenting time, and support are decided in your divorce, dissolution, or legal separation in the General & Domestic Relations Division of the Court of Common Pleas, 101 S. Main St., Georgetown ((937) 378-3233). If you were never married, parentage, custody, parenting time, and support are handled in the combined Probate & Juvenile Court at 510 E. State St., Georgetown ((937) 378-6726). Non-parent (grandparent/relative) custody is always filed in the Juvenile Division.
What does it cost to file in the Brown County Juvenile Court?: A new Juvenile complaint is $120 and reactivating a previous case is $90. If the court appoints a Guardian ad Litem the initial deposit is $750, a home study is $150 in county / $200 out of county, and the Early Evaluation Program (mediation) is $300 (the fee schedule lists $400 for the same 3-hour service — confirm). Juvenile civil protection orders, the Grandparent Power of Attorney, and the Caretaker Authorization Affidavit are free. Pay by cash, money order, or credit card (3% fee); no personal checks. Confirm with the Juvenile Court at (937) 378-6726.

Free Local Resources in Brown County

Brown County Clerk of Courts (Common Pleas / Domestic Relations). Court House Square, 101 S. Main St., Georgetown — Civil and Domestic filings on the 1st floor. Main (937) 378-3100; verified record line (937) 378-4740; fax/electronic-transmission filing (937) 378-1753. Payment by cash, money order, personal check, or certified check — no credit cards.
Brown County Child Support Enforcement Agency (CSEA). Director Deborah Forsythe. 510 E. State St., Georgetown, OH 45121. Phone (937) 378-6414; fax (937) 378-2552; hours Mon–Fri 7:30 AM–4:00 PM. Establishes, modifies, and enforces support and can establish paternity administratively (free genetic testing if ordered).
Helping Children Cope with Family Separation (parenting program). Mandatory $60 online (Zoom) class for any divorce, dissolution, or legal separation with minor children (Local Rule 31.5), run with Lifespan Solutions. Register and pay by card at 513-324-3999, or mail a $60 money order to Lifespan Solutions, 7672 Montgomery Road #153, Cincinnati, OH 45236 at least two weeks before the class.
Brown County Law Library / Georgetown Public Library. Public legal research at the Georgetown Public Library, 200 West Grant Ave., Georgetown (court staff cannot give legal advice). Ohio statewide child-abuse hotline (855) 642-4453 routes to the Brown County Public Children Services Agency.

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.
Cincinnati family law — Local attorneys and courts serving the Cincinnati metro.
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