Grandparent & Non-Parent Custody in Clinton County

Reviewed by Stephanie Green, Esq. · Managing Partner, Gavvl Law · Last updated June 9, 2026

Clinton County, Ohio · Wilmington

A relative or other suitable non-parent — a grandparent, aunt or uncle, or family friend — can ask the Clinton County Juvenile Court for legal custody of a child under R.C. 2151.23 when living with a parent is not in the child's best interest. This is legal custody to a non-parent; it is not adoption and does not terminate parental rights. Separately, grandparents may ask for companionship (visitation) under R.C. 3109.11 or 3109.12. A Grandparent Power of Attorney or Caretaker Authorization Affidavit can bridge short-term school and medical needs.

Can a grandparent or relative get custody in Clinton County, Ohio?

Yes, through the Clinton County Juvenile Court at 46 S. South Street, Suite 333, Wilmington — (937) 382-2391. A non-parent files for legal custody under R.C. 2151.23 and must show, under In re Perales, that the parents are unsuitable or that parental custody would harm the child — best interest alone is not enough to overcome a parent. Legal custody is not adoption and does not terminate parental rights; parents keep residual rights such as visitation and the duty of support. A Grandparent Power of Attorney or Caretaker Authorization Affidavit can give a caregiver temporary authority for school and medical needs while a case is pending. Grandparents may also seek companionship (visitation) under R.C. 3109.11 (parent deceased) or R.C. 3109.12 (unmarried parents). Juvenile deposit amounts are not posted online — confirm at (937) 382-2391.

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 333, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-3640
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.clintoncountycourts.org/

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

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

You are a relative or caregiver raising a child whose parents cannot safely care for them.
You can show the parents are unsuitable or that parental custody would harm the child.
You need school or medical authority now (a Power of Attorney or Caretaker Affidavit can bridge it).
You are a grandparent seeking court-ordered companionship (visitation), not full custody.

Filing Fees

Legal custody to a non-parent in Juvenile Court: deposit not posted online — confirm at (937) 382-2391 · Grandparent companionship petition: confirm at (937) 382-2391 · Grandparent Power of Attorney / Caretaker Authorization Affidavit: no court filing fee. Confirm current amounts at (937) 382-2391.

Forms & Filing Packets

Legal custody to a non-parent (Juvenile Court) — Juvenile Court deposit not posted online — confirm at (937) 382-2391

File a Complaint for Allocation of Parental Rights / Legal Custody in the Juvenile Court. You must show the parents are unsuitable or that parental custody is detrimental under R.C. 2151.23 and In re Perales.

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.
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.

Interim authority — Power of Attorney / Caretaker Affidavit — No court filing fee for the standalone affidavit/POA

Without opening a custody case, a Grandparent Power of Attorney or Caretaker Authorization Affidavit lets a caregiver handle school and medical needs short-term.

Grandparent Power of Attorney (Ohio standalone form) — Lets a grandparent handle a child's school and medical needs short-term without a full custody case. Filed with the Juvenile Court; confirm the current form at (937) 382-2391.
Caretaker Authorization Affidavit (Ohio standalone form) — Lets a relative caregiver authorize school enrollment and routine medical care short-term while a custody case is pending. Confirm the current form at (937) 382-2391.

Grandparent companionship (visitation) — Juvenile Court deposit not posted online — confirm at (937) 382-2391

Grandparents may ask for companionship under R.C. 3109.11 (when a parent is deceased) or R.C. 3109.12 (children of unmarried parents), using the best-interest standard.

Motion for Change of Parenting Time (Supreme Court Form 26) — Asks the court to change the parenting-time schedule. Best-interest standard applies; no change-of-circumstances needed for parenting-time-only modifications.
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.

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

Decide custody vs. companionship. If you need to raise the child, seek legal custody in the Juvenile Court. If you only want court-ordered time with a grandchild, seek companionship under R.C. 3109.11 or 3109.12.
Use a bridge tool if you need authority now. A Grandparent Power of Attorney or Caretaker Authorization Affidavit can give you school and medical authority short-term while you prepare or file your case.
File in the Clinton County Juvenile Court. File a Complaint for Allocation of Parental Rights / Legal Custody (Supreme Court Form 23 / Juvenile Form 2) at 46 S. South Street, Suite 333, Wilmington — (937) 382-2391 — with the UCCJEA affidavit and request for service.
Prepare to meet the unsuitability standard. Gather evidence showing the parents are unsuitable or that parental custody would harm the child, since best interest alone will not overcome a fit parent under In re Perales.
Attend the hearing. The court may appoint a Guardian ad Litem (county CASA, (937) 383-1137) to investigate, then decides custody or companionship in the child's best interest.

Clinton County Practice Notes

The In re Perales unsuitability bar. Because Ohio recognizes a parent's interest in their child, a non-parent generally must show the parent is unsuitable — by abandonment, contractual relinquishment, total inability to provide care, or that staying with the parent would harm the child — before the court reaches the best-interest question. Best interest alone does not overcome a fit parent.
Legal custody is not adoption. Legal custody to a non-parent under R.C. 2151.23 does not terminate parental rights; parents keep residual rights such as visitation and the duty of support. Adoption — which permanently terminates parental rights — is a separate Probate Court matter.
Bridge tools for caregivers. A Grandparent Power of Attorney or a Caretaker Authorization Affidavit lets a relative enroll a child in school and authorize medical care short-term without a full custody case, which is useful while a Juvenile Court matter is pending.

Frequently Asked Questions

Can a grandparent or other relative get custody in Clinton County?: Yes, through the Clinton County Juvenile Court. A non-parent may ask for legal custody under R.C. 2151.23 when living with a parent is not in the child's best interest; because Ohio recognizes a parent's interest, a non-parent generally must show the parent is unsuitable or that parental custody is detrimental. Legal custody is not adoption — it does not terminate parental rights. A Grandparent Power of Attorney or Caretaker Authorization Affidavit can bridge short-term school and medical needs while a case is pending.
Can grandparents get visitation (companionship) in Clinton County?: Separate from custody, grandparents and certain relatives may ask for companionship (visitation) under R.C. 3109.11 (when a parent is deceased) or R.C. 3109.12 (children of unmarried parents). This uses the child's best-interest standard (R.C. 3109.051) and does not require proving the parents unsuitable. Grandparents do not have an automatic right — the court weighs the statutory factors and the parents' wishes. For unmarried-parent and non-parent matters these are filed in the Clinton County Juvenile Court, (937) 382-2391.
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.
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.

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 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.

Keep exploring

Ohio Grandparent / Non-Parent Custody guide — Statewide overview of grandparent / non-parent 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.
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