Filing for Custody in Clinton County

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 deposits are commonly $200–$400 for custody inside a divorce and roughly $100–$175 in Juvenile Court. Both parents must complete a court-approved parenting class before the merit hearing. Confirm current fees with the Clerk at (937) 382-2316.

Where to File: Clinton County Court of Common Pleas (Domestic Relations)

Juvenile Branch (Never-Married Parents)

Clinton County Juvenile Court
46 South South Street, Wilmington, OH 45177, 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: part of the case deposit (commonly $200–$400) · Never-married custody in Juvenile Court: ~$100–$175 · Parenting class: ~$35–$50 per parent · GAL fees (contested cases) allocated between the parents. Confirm current amounts with the Clerk at (937) 382-2316.

Forms & Filing Packets

How to File Custody in Clinton County

1. 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. Grandparent and other non-parent custody is always Juvenile.
2. 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 (R.C. 3127.23) is how you swear to those facts.
3. Complete the parenting education class. Both parents must complete a court-approved class such as "Children in Between" (~$35–$50) and file the Certificate of Completion. Most Ohio courts will not set the final hearing without it.
4. 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 Allocation of Parental Rights, the UCCJEA affidavit, and the support worksheet.
5. File with the Clinton County Clerk and serve the other parent. File your packet with the Clerk (call (937) 382-2316 to confirm the current deposit and number of copies) and arrange service on the other parent. Ask about a fee waiver if you can't afford the deposit.
6. 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 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.
• Shared parenting plan must address every R.C. 3109.04(G) factor. A written Shared Parenting Plan must address physical living arrangements, holiday and vacation schedule, child support, decision-making authority, transportation, school and health-care decisions, tax exemptions, and dispute resolution. Plans that skip a factor are routinely sent back for revision.

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.

Other Family-Law Topics in Clinton County

• Clinton County Dissolution — $300 without children / $400 with — mandatory e-filing.
• Clinton County Divorce — Ohio SC standardized forms plus the local Case Designation and Personal Identifier forms.
• Clinton County Legal Separation — Same forms as divorce — marriage stays legally intact at the end.
• Clinton County Annulment — Limited grounds under R.C. 3105.31 — treats the marriage as if it never happened.
• Clinton County Post-Decree Modifications — Change child support, custody, or parenting time after the decree.
• Clinton County Post-Decree Contempt — Enforce an order the other party is violating.

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.
• Dayton family law — Local attorneys and courts serving the Dayton metro.
• Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.