Filing for Custody in Butler County

Butler County, Ohio · Hamilton

In Ohio, 'custody' means the allocation of parental rights and responsibilities. In Butler County, where you file depends on whether the parents were married. Married or divorcing parents file at the Domestic Relations Court, 315 High Street; never-married parents file at the Butler County Juvenile Justice Center, 280 N. Fair Ave. The court decides using the R.C. 3109.04(F) best-interest factors.

How do I file for custody in Butler County, Ohio?

If you and the other parent were married, custody and parenting time are decided inside your divorce or dissolution at the Domestic Relations Court, 315 High Street, Hamilton — or, if you are married and living separately, by filing a DR727 Complaint for Support and/or Custody. If you were never married, file a Complaint for Custody at the Butler County Juvenile Justice Center, 280 N. Fair Ave., where the fee is $165 plus $50 clerk service. File the parenting affidavit and IV-D application, and complete parenting education before the final hearing.

Where to File: Butler County Court of Common Pleas, Domestic Relations Division

Gov't Services Center, 315 High Street, 2nd Floor, Hamilton, OH 45011, Hamilton, OH 45011
Phone: (513) 887-3100
Hours: Monday–Friday, 8:30 a.m.–4:30 p.m. (closed for lunch 12:00 p.m.–1:00 p.m.)
Website: drcourt.bcohio.gov/
e-Filing: https://drcsubmit.bcohio.gov/ESubmit/

Juvenile Branch (Never-Married Parents)

Butler County Juvenile Justice Center
280 N. Fair Ave., Hamilton, OH 45011, Hamilton, OH 45011
Phone: (513) 887-3317
Hours: Monday–Friday, 8:00 a.m.–4:30 p.m. (Clerk 8:30 a.m.–4:30 p.m.)

Custody is the right path if…

You need a court order saying who the children live with and how parenting time is divided.
You and the other parent can't agree on parenting time, schooling, or major decisions.
Ohio is the children's home state under the UCCJEA — they've lived in Ohio for the last 6 months.
You can complete a parenting education class and file the certificate before the final hearing.

Filing Fees

DR custody/support: deposit set by the Clerk · Juvenile custody complaint: $165 + $50 service · GAL $125/hr (deposit $1,200 DR / up to $1,250/party Juvenile)

Forms & Filing Packets

Custody / support for married parents living separately (DR) — Deposit set by the Butler County Clerk of Courts

Filed at the Domestic Relations Court when married parents are living separately and want a custody and/or support order without a divorce.

DR727 Complaint for Support and/or Custody — Used by married parents living separately to ask the Domestic Relations Court for custody and/or child support for minor children in common (instructions: Form C46).
DR616 Parenting Affidavit — Butler County's parenting/UCCJEA affidavit confirming where the children have lived and that Ohio has jurisdiction.
DR624 Sole/Shared Guideline Worksheet — Butler County's child-support guideline worksheet for sole or shared parenting calculations.
Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.

Shared parenting add-on (married parents)

Add the proposed Shared Parenting Plan when both parents will be residential parents and legal custodians.

Shared Parenting Plan — Written plan meeting R.C. 3109.04(G): living arrangements, holiday schedule, decision-making, transportation, school/health-care, and dispute resolution.
DR610.1 Standard Parenting Time Schedule — Butler County's standard parenting time guidelines, available in English, Spanish, and Arabic.

Custody packet — Juvenile Justice Center (never-married parents) — $165 + $50 clerk service

Filed at 280 N. Fair Ave. when parents were never married. Paternity must be established before the court can allocate custody. One child per filing.

Complaint for Custody (Juvenile) — Asks the Butler County Juvenile Justice Center to designate a residential parent and legal custodian when the parents were never married. File one child per complaint with the Face Sheet and relief codes.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
IV-D Application for Child Support Services — Opens your case with Butler County CSEA so support can be collected, tracked, and enforced through wage withholding.

How to File Custody in Butler County

Pick the right court — DR or Juvenile. Married/divorcing parents file at the Domestic Relations Court, 315 High Street. Never-married parents file at the Juvenile Justice Center, 280 N. Fair Ave. Grandparent/non-parent custody is always Juvenile.
Confirm Ohio is the children's home state. The children must have lived in Ohio for the prior 6 months under the UCCJEA. The DR616 parenting affidavit is how you swear to those facts.
Assemble the packet for your court. DR: DR727 complaint (or custody inside a divorce) plus DR616 affidavit and child-support worksheets. Juvenile: Complaint for Custody (one per child) plus parenting affidavit and IV-D application.
Submit, file, and complete parenting education. Route DR packets through E-Submission to Case Management; file Juvenile complaints at 280 N. Fair Ave. Complete the required parenting class before the final hearing.

Butler County Practice Notes

One child per filing in Juvenile Court. Butler County Juvenile Court requires a separate complaint for each child (Juvenile Local Rule 3.05), plus the Face Sheet (Appendix I) and relief codes (Appendix J) in the caption, and a IV-D application for support, custody, or visitation.
Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.
Guardian ad Litem in contested cases. 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.
UCCJEA jurisdiction. Ohio courts may exercise custody jurisdiction only when Ohio is the child's home state under R.C. 3127. The Parenting Proceeding Affidavit (R.C. 3127.23) is the sworn vehicle for establishing those facts. If the child recently moved from another state, the prior state's court may retain jurisdiction.

Frequently Asked Questions

Do I file in Domestic Relations or the Juvenile Justice Center?: If you are married to the other parent (or were married when the children were born), custody, parenting time, and child support travel with your divorce, dissolution, legal separation, or annulment at the Domestic Relations Court, 315 High Street, Hamilton. If you were never married, paternity and custody go to the Butler County Juvenile Justice Center at 280 N. Fair Ave., a separate building. Grandparent and non-parent custody is always Juvenile.
What are the residency requirements to file in Butler County?: For divorce, legal separation, or annulment, you or your spouse must have lived in Ohio for at least 6 months before filing and in Butler County for at least 90 days. For dissolution, only the 6-month Ohio residency applies — there is no separate Butler County residency requirement. For never-married custody, paternity, or support filed at the Juvenile Justice Center, Ohio must be the children's 'home state' under the UCCJEA, which generally means they have lived in Ohio for the last 6 months.
How much does it cost to file in Butler County?: Domestic Relations filing deposits are set by the Butler County Clerk of Courts and posted at clerkofcourts.bcohio.gov; you pay them after the Case Management Office approves your packet. Juvenile Justice Center filings are $165 plus $50 clerk service for a custody, support, allocation, or visitation complaint ($165 plus service for paternity; $45 for a relocation notice). If you cannot pay, file Form DR824 to proceed in forma pauperis at DR, or an indigency affidavit at Juvenile.
When does Butler County appoint a Guardian ad Litem?: In contested custody cases the court can appoint a Guardian ad Litem under DR Local Rule 43 to investigate and report on the children's best interest. Butler County GALs are paid $125 per hour with a $1,200 deposit at DR (up to $1,250 per party at the Juvenile Justice Center). The GAL's written report is due at least 7 days before trial.
What does it mean for Ohio to be my child's 'home state' under the UCCJEA?: Under the UCCJEA (R.C. 3127), Ohio is the children's home state when they have lived in Ohio with a parent for at least 6 consecutive months immediately before the filing. If the children recently moved, the prior state may still have jurisdiction. Ohio courts can also decline jurisdiction as an inconvenient forum under R.C. 3127.21 even when home-state requirements are met.
Is the parenting class required in Butler County?: Yes. Both parents in any Butler County divorce or dissolution with minor children must complete 'Helping Families Succeed During Divorce,' a 4-hour online Zoom program run by the Forensic Evaluation Services Center (FESC, (513) 869-4014). Register within 15 days of filing using Form DR628 and finish before the final hearing. Spouses cannot attend the same session, and you need your DR case number to schedule. A Spanish-language version runs about once a month.

Free Local Resources in Butler County

Butler County DR Court Forms & E-Submission. All Domestic Relations forms, instructions, and completed packets are posted at drcourt.bcohio.gov/forms. Non-DV documents are submitted through the E-Submission portal at drcsubmit.bcohio.gov; DV/CPO documents use the Document Submission portal.
Butler County Juvenile Justice Center Forms. Custody, visitation, support, contempt, and emergency-custody complaints and motions (PDF and DOC) are at juvenilejusticecenter.bcohio.gov/forms___downloads. CSEA e-filing is at bcjjcefile.bcohio.gov/EFile.
Butler County Bar Association. Attorney referral and general legal information at (513) 896-6671 / butlercountybar.org. Court staff cannot give legal advice.
Women Helping Women (24-hour DV hotline). Confidential domestic-violence support and victim advocacy at (513) 381-5610. The Butler County Sheriff's Victim Assistance Program is at (513) 887-3430.

Related to your custody case

Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
Child Support — Calculate, establish, or modify support under Ohio's guidelines.
Post-Decree Modification — Update custody, support, or parenting orders after your case ends.

Keep exploring

Ohio Custody guide — Statewide overview of custody in Ohio.
Cincinnati family law — Local attorneys and courts serving the Cincinnati metro.
Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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