Grandparent & Non-Parent Custody in Carroll County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Carroll County, Ohio · Carrollton
A grandparent or relative who is raising a child can ask the Carroll County Probate & Juvenile Division for legal custody when staying with a parent is not in the child's best interest. The court weighs whether the parents are unsuitable or have relinquished custody. The same division also handles companionship requests by non-parents. A new custody complaint carries a $150 deposit, and the court asks that you contact the deputy clerk for a hearing date before filing.
How can a grandparent or relative get custody in Carroll County, Ohio?
File a complaint for legal custody to a non-parent in the Carroll County Probate & Juvenile Division ($150 deposit), after contacting the deputy clerk for a hearing date. The court may order a GAL or investigation and holds a hearing; before awarding custody to a non-parent it generally must find the parents unsuitable or that they relinquished custody, and that the placement serves the child's best interest. Parents may retain residual rights, including companionship. The same division handles non-parent companionship requests, which use the court's Standard Child Companionship Schedule (Local Rule 18).
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: Carroll County Court of Common Pleas, General & Domestic Relations Division
119 S. Lisbon St., Suite 401, Carrollton, OH 44615, Carrollton, OH 44615Phone: (330) 627-4886
Hours: Monday–Friday, 8:00 AM – 4:00 PM
Website: carrollcountyohio.us/agencies-and-departments/court
e-Filing: https://carrollcountyclerk.org/eservices
Juvenile Branch (Never-Married Parents)
Carroll County Probate & Juvenile Division
119 S. Lisbon St., Suite 202, Carrollton, OH 44615, Carrollton, OH 44615
Phone: (330) 627-2323
Hours: Monday–Friday, 8:00 AM – 4:00 PM
Grandparent / Non-Parent Custody is the right path if…
- You are a grandparent or relative 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 court-ordered companionship time.
Filing Fees
$150 new Probate & Juvenile complaint for legal custody or companionship · GAL at $150/hour if appointed (Probate/Juvenile Local Rule 29) — confirm current amounts with the court at (330) 627-2323
Forms & Filing Packets
Complaint for legal custody to a non-parent — $150 new Probate & Juvenile complaint
File in the Probate & Juvenile Division with the UCCJEA Parenting Proceeding Affidavit. The court weighs parental suitability and the child's best interest. Contact the deputy clerk for a hearing date before filing.
- 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.
Companionship / visitation request
A non-parent (such as a grandparent) can ask the Probate & Juvenile Division for companionship time, which follows the court's Standard Child Companionship Schedule (Local Rule 18) in the child's best interest.
- 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.
How to File Grandparent / Non-Parent Custody in Carroll County
- Decide what you need. Determine whether you need full legal custody through the Probate & Juvenile Division or court-ordered companionship time.
- Contact the deputy clerk. The court asks that you (or your attorney) contact the deputy clerk for a hearing date before filing a custody or visitation matter.
- File in the Probate & Juvenile Division. File the complaint with the UCCJEA Parenting Proceeding Affidavit at 119 S. Lisbon St., Suite 202, Carrollton, and pay the $150 deposit.
- Attend the hearing. The court may order a GAL or investigation and holds a hearing on parental suitability and the child's best interest before awarding custody or companionship.
Carroll County Practice Notes
- Non-parent custody weighs suitability and best interest. Before awarding custody to a non-parent, the court generally must find the parents unsuitable or that they relinquished custody, and that the placement serves the child's best interest. Parents may retain residual rights, including companionship time.
- A GAL may investigate. 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 Carroll County the GAL rate is $150/hour (Probate/Juvenile Local Rule 29; General & DR Division Local Rule 10.11), and the GAL files a confidential report at least 7 days before the final hearing.
Frequently Asked Questions
- Can a grandparent or relative get custody in Carroll County?
- Yes. A non-parent (often a grandparent or relative) can ask the Probate & Juvenile Division for legal custody when remaining with a parent is not in the child's best interest; the court weighs parental suitability or relinquishment and the child's best interest. A new custody complaint carries a $150.00 deposit. The court asks that you (or your attorney) contact the deputy clerk for a hearing date before filing a custody or visitation matter.
- Do I file in the General & DR Division or the Probate & Juvenile Division in Carroll County?
- If you are or were married to the other parent, custody, parenting time, and support are decided inside your divorce, dissolution, legal separation, or annulment in the General & Domestic Relations Division (Clerk of Courts, Suite 401). If you were never married, parentage, custody, parenting time, and support are handled by the combined Probate & Juvenile Division (Suite 202, (330) 627-2323). Non-parent (grandparent/relative) custody and companionship are always filed in the Probate & Juvenile Division.
- What does it cost to file in the Carroll County Probate & Juvenile Division?
- The combined Probate & Juvenile Division keeps its own schedule. A new Parentage/Custody/Visitation/Support complaint carries a $150.00 deposit; re-opening such a case or filing a new action (or a motion) in an existing case is $100.00; a privately filed abuse/neglect/dependency case is $125.00. A Deputy Clerk confirmed a new filing (including one registering an out-of-state order) is $150 and a new motion on an existing case is $100. Confirm current amounts with the court at (330) 627-2323.
- When does Carroll County appoint a Guardian ad Litem, and what does it cost?
- In a contested custody case the court can appoint a Guardian ad Litem (GAL) to investigate and recommend what is in the child's best interest. In Carroll County the GAL rate is $150.00 per hour (General & DR Division Local Rule 10.11; Probate/Juvenile Local Rule 29). The GAL files a confidential report at least 7 days before the final hearing, and the parties do not receive their own copy. GAL fees are typically apportioned between the parties.
Free Local Resources in Carroll County
- Carroll County Clerk of Courts. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call (330) 627-2450 or visit https://carrollcountyohio.us/agencies-and-departments/courts/court-of-common-pleas/ before filing to confirm deposits and packet requirements.
- Carroll County Child Support Enforcement Agency (CSEA). Carroll 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.
Other Family-Law Topics in Carroll County
- Statewide Custody Overview — How Ohio custody and parenting time work at a high level.
- Talk to a Family Law Attorney — Connect with a Carroll County custody attorney for help with your case.
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.
- Akron family law — Local attorneys and courts serving the Akron metro.
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