Filing for Custody in Clinton County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 9, 2026

Clinton County, Ohio · Wilmington

In Ohio, "custody" means the allocation of parental rights and responsibilities. In Clinton County, where you file depends on whether the parents were married: the Clinton County Court of Common Pleas for married or divorcing parents, and the Clinton County Juvenile Court for never-married parents. The court decides custody and parenting time using the R.C. 3109.04(F) best-interest factors, and both parents must complete a court-approved parenting class before the final hearing.

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

If you and the other parent were married, custody is decided inside your divorce or dissolution at the Clinton County Court of Common Pleas — file the Parenting Proceeding Affidavit (UCCJEA, R.C. 3127.23) and an Ohio Child Support Computation Worksheet with your case packet. If you were never married, file a Complaint for Allocation of Parental Rights & Responsibilities in the Clinton County Juvenile Court; paternity must be established first if it hasn't been. Filing fees inside a Clinton County divorce are $300 without children or $400 with children; Juvenile Court deposit amounts are not posted online, so confirm them with the Juvenile Court at (937) 382-2391. Both parents must complete a court-approved parenting class before the merit hearing. Confirm current fees with the Clerk at (937) 382-2316.

What custody costs in Clinton County — one clear flat fee

Worried about what custody will cost in Clinton County? We quote one flat fee up front instead of running an open-ended hourly meter, so there are no surprise invoices — and payment plans let you spread the cost if you need to. Below you'll also find the Clinton County court information — contacts in Wilmington, the forms you need, and local fee details.

One flat fee, agreed up front. Every custody engagement starts with a fixed quote you sign off on. Calls, emails, and questions never add to the bill.
Payments that fit your budget. Flexible payment plans and financing are available, so cost doesn't have to delay getting help.
Why Clinton County families choose us. Our incentive matches yours: with one flat fee, the sooner your custody case is resolved, the better for everyone. Licensed Ohio family-law attorneys serving Clinton County and statewide.

Flat-fee options

Flat-fee limited scope: we draft and file the custody complaint or motion; you appear at any hearing.

Establish custody: $1,250
Modify custody: $1,450

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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: Clinton County Court of Common Pleas (Domestic Relations)

46 South South Street, Suite 304, Wilmington, OH 45177
Phone: (937) 382-3640
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: Court website

Juvenile Branch (Never-Married Parents)

Clinton County Juvenile Court
46 South South Street, Wilmington, OH 45177
Phone: (937) 382-2391
Hours: Monday-Friday 8:00 AM - 4:00 PM

Custody is the right path if…

You need a court order setting who the children live with and how parenting time and decision-making are divided.
You and the other parent can't agree on parenting time, school enrollment, or major decisions for the children.
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 of Completion before the merit hearing.

Filing Fees

Custody inside a divorce/dissolution: $300 without children / $400 with children · Never-married custody in Juvenile Court: deposit not posted online — confirm at (937) 382-2391 · Home Investigation (custody): $150 · Guardian ad Litem fees in contested cases are allocated between the parents. Confirm current amounts with the Clerk at (937) 382-2316.

Forms & Filing Packets

Custody inside a Clinton County divorce or dissolution (married parents) — Included in the divorce/dissolution filing fee ($300 without children / $400 with children)

Filed at the Clinton County Court of Common Pleas. When parents are married, custody, parenting time, and child support are decided inside the divorce or dissolution — there is no separate "custody case."

Parenting Proceeding Affidavit (Affidavit 3 — UCCJEA, R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's UCCJEA jurisdiction.
Health Insurance Affidavit (Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court is being asked to set or modify support.
Sole-Residential Parenting Plan (Supreme Court Form 21) — Used when one parent will be designated residential parent and legal custodian.
Shared Parenting Plan (Supreme Court Form 20) — Required when both parents are asking to be designated residential parents and legal custodians under R.C. 3109.04(G). Must be notarized.

Custody in the Clinton County Juvenile Court (never-married parents) — Juvenile Court deposit not posted online — confirm at (937) 382-2391

Filed at the Clinton County Juvenile Court. Used when the parents were never married. Paternity must be established (by Acknowledgment of Paternity, a CSEA administrative order, or a court judgment) before the court can allocate custody.

Complaint for Parentage, Allocation of Parental Rights & Parenting Time (Supreme Court Form 23 / Juvenile Form 2) — The Juvenile Court complaint that establishes parentage and asks the court to allocate custody and parenting time for never-married parents. Confirm any local Juvenile packet at (937) 382-2391.
Parenting Proceeding Affidavit (Affidavit 3 — UCCJEA, R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's UCCJEA jurisdiction.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court is being asked to set or modify support.
Request for Service (Supreme Court Form 31 / Juvenile Form 10) — Tells the clerk how to serve the other party with your Juvenile Court complaint or motion.
Waiver of Service of Summons (Supreme Court Form 30 / Juvenile Form 9) — Used when the other party agrees to accept the case voluntarily and waive formal service of the Juvenile Court complaint.

How to File Custody in Clinton County

Pick the right court — Domestic Relations or Juvenile. Married or divorcing parents file at the Clinton County Court of Common Pleas. Never-married parents file at the Clinton County Juvenile Court, (937) 382-2391. Grandparent and other non-parent custody is always Juvenile.
Confirm Ohio is the children's home state under the UCCJEA. The children must have lived in Ohio for at least the prior 6 months (or you must qualify under a UCCJEA exception). The Parenting Proceeding Affidavit (Affidavit 3, R.C. 3127.23) is how you swear to those facts.
Complete the parenting education class. Both parents must complete the court parenting-education seminar and file the Certificate of Completion before the final hearing. Clinton County does not post a single provider or fee online — confirm the court-designated program with the General Division at (937) 382-3640 or the Juvenile Court at (937) 382-2391.
Assemble your forms packet. Married parents: the divorce/dissolution packet plus the Parenting Proceeding Affidavit and an Ohio Child Support Computation Worksheet (add a proposed Shared Parenting Plan if you are asking for shared parenting). Never-married parents: a Complaint for Parentage, Allocation & Parenting Time (Supreme Court Form 23 / Juvenile Form 2), the UCCJEA affidavit, and the support worksheet.
File with the Clinton County Clerk and serve the other parent. File your packet (Common Pleas filings are e-filed through efile.henschen.com) and arrange service on the other parent. Call the Clerk at (937) 382-2316 — or the Juvenile Court at (937) 382-2391 — to confirm the current deposit and number of copies, and ask about a fee waiver if you cannot afford the deposit.
Attend the hearing — both parents required. The court holds a pretrial or status conference first, then a merit hearing if the case does not settle. The Guardian ad Litem report (if one is appointed) is filed before the merit hearing, and the judge or magistrate applies the R.C. 3109.04(F) best-interest factors.

Clinton County Practice Notes

Best-interest standard governs. R.C. 3109.04(F)(1) lists the best-interest factors the court weighs: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents and siblings, adjustment to home/school/community, the mental and physical health of everyone involved, which parent is more likely to honor 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 may appoint a Guardian ad Litem under Sup.R. 48 to investigate and recommend a parenting plan in the child's best interest. The Clerk's $150.00 Home Investigation fee applies to custody investigations, and in Juvenile Court the county CASA program supplies guardians ad litem (Elizabeth Biggane, (937) 383-1137). GAL fees are typically allocated between the parents.
Shared parenting plan must address every R.C. 3109.04(G) item. A written Shared Parenting Plan must address physical living arrangements, the holiday and vacation schedule, child support, decision-making authority, transportation, school and health-care decisions, tax exemptions, and dispute resolution. Plans that skip an item are routinely sent back for revision.

Frequently Asked Questions

When do I file in Juvenile Court instead of DR?: If the parents were never married, custody, parenting time, and child support are filed in the Clinton County Juvenile Court at 46 South South Street, Wilmington — phone (937) 382-2391. If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.
How much does it cost to file in Clinton County DR?: Filing fees are $300 for a dissolution or divorce without children and $400 with children. A motion to reopen a case with children is $175; a civil motion to reopen is $100. Home investigations are $150. CPO petitions have no filing fee. Copies are $0.10 per page; certified copies add $2.00 per document.
Is a parenting class required in Clinton County?: Yes. In cases involving minor children — divorce, dissolution, legal separation, and custody/parental-rights cases — Clinton County requires the parent(s) to complete a court parenting-education seminar and file the Certificate of Completion before the final hearing; a case will not proceed to final hearing until it is done. The court may waive it for good cause. Clinton County does not post a single official provider or fee online, so confirm the court-designated program and current cost with the General Division at (937) 382-3640 (or the Juvenile Court at (937) 382-2391 for unmarried parents).
Will a Guardian ad Litem be appointed in my custody case?: In a contested custody or parenting matter the court may appoint a Guardian ad Litem under Sup.R. 48 to investigate and report on the child's best interest. The Clerk's $150.00 Home Investigation fee applies to custody investigations. In Juvenile Court matters, the county's CASA program provides guardians ad litem (Director Elizabeth Biggane, 46 South South Street, Wilmington — (937) 383-1137).
What is the Parenting Proceeding Affidavit and why do I need it?: Any Ohio custody case requires a Parenting Proceeding Affidavit (Affidavit 3) under the UCCJEA (R.C. 3127.23). It lists where each child has lived for the past five years and any other custody cases, and it confirms Ohio has jurisdiction. Ohio is usually the child's 'home state' if the child has lived here for at least the prior 6 months.
What are the residency requirements to file in Clinton County?: For divorce, legal separation, or annulment, you or your spouse must have lived in Ohio for at least 6 months and in Clinton County for at least 90 days before filing. Dissolution only requires the 6-month Ohio residency.

Free Local Resources in Clinton County

Clinton County Clerk of Courts. 46 South South Street, Wilmington, OH 45177. Phone (937) 382-2316. E-filing through efile.henschen.com.
Clinton County DR Local Rules (with form appendices). clintoncountycourts.org — DR forms are appendices to the local rules document.
Ohio Supreme Court Standardized Forms. Used for the complaint, affidavits, decree, parenting plans, and motions. Available at supremecourt.ohio.gov.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
Clinton County Law Library. 46 South South Street, Wilmington — (937) 382-2428.
Alternatives to Violence Center (Clinton County). 94 N. South Street, 3rd Floor, Suite D, Wilmington — Office (937) 383-3285 · 24-hour Crisis Line 1-888-816-1146.
Ohio Legal Help. ohiolegalhelp.org — plain-language guides and form walkthroughs.

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.

Related guides

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

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.
Shared Parenting in Ohio: How Joint Custody Really Works — Shared parenting is Ohio's version of joint custody — both parents stay legal custodians and share major decisions. Here's what a plan must cover and how courts decide.
Fathers' Rights in Ohio: Custody, Paternity, and Parenting Time — Ohio law does not favor mothers over fathers — but unmarried fathers must establish paternity before they have any rights. Here's how fathers protect their relationship with their children.
Emergency Custody in Ohio: When and How to Get an Ex Parte Order — When a child faces immediate danger, Ohio courts can grant emergency custody on short notice through an ex parte order. Here's what qualifies and what happens next.

Continue your Clinton County research

Ohio Custody guide — Statewide overview of custody in Ohio.
Dayton family law — Local attorneys and courts serving the Dayton metro.
Clinton County family law guide — Court info, local filing notes, FAQs, and the downloadable Clinton County guide.
Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
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