Grandparent & Non-Parent Custody in Darke County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Darke County, Ohio · Greenville

When a child cannot safely live with a parent, a grandparent or other relative can ask for legal custody. In Darke County, a non-parent files in the Probate/Juvenile Court before Judge Jason R. Aslinger, 300 Garst Ave, Greenville, (937) 547-7350. Because parents have a constitutional preference, the court generally must first find the parents unsuitable before placing a child with a non-parent. A Grandparents' Power of Attorney is a lighter-weight alternative for short-term caregiving.

How does a grandparent or non-parent get custody in Darke County, Ohio?

File a complaint or motion for legal custody in the Darke County Probate/Juvenile Court under R.C. 2151.23 (the Pro-Se Filing Packet may be used). Because parents have a constitutional preference, the court generally must first find the parents unsuitable — or that they relinquished custody, abandoned the child, or that staying with a parent would be detrimental — before reaching the child's best interest. Legal custody gives the non-parent day-to-day decision-making while the parents keep residual rights; it is different from adoption, which permanently ends parental rights. A new Juvenile filing is $175 ($150 to reopen), with a home-study deposit if ordered; a fee waiver is available. For short-term needs, a parent can instead grant a Grandparents' Power of Attorney without a custody case.

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: Darke County Court of Common Pleas, Domestic Relations Division

Darke County Courthouse, Second Floor, 504 South Broadway, Greenville, OH 45331
Phone: (937) 547-7335
Hours: Monday–Friday 8:00 a.m.–4:00 p.m.
Website: darkecountycommonpleas.com

Juvenile Branch (Never-Married Parents)

Darke County Probate/Juvenile Court, Juvenile Division
300 Garst Ave, Greenville, OH 45331
Phone: (937) 547-7350
Hours: Monday–Friday 8:00 a.m.–4:30 p.m.

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

You are a grandparent, relative, or other non-parent raising or seeking to raise a child.
You can show the parents are unsuitable or that staying with a parent would harm the child.
You want legal custody (day-to-day care) rather than to permanently end parental rights.
You can file in the Darke County Probate/Juvenile Court and pay the deposit (or request a waiver).

Filing Fees

Non-parent legal custody in the Probate/Juvenile Court: $175 new / $150 to reopen, plus a home-study deposit if a home study is ordered; a poverty-affidavit waiver is available. A Grandparents' Power of Attorney is a non-litigation alternative. Court fees and deposits change — confirm the current amount with the Darke County Clerk of Courts at (937) 547-7335 (Domestic Relations) or the Probate/Juvenile Court at (937) 547-7350 before filing.

Forms & Filing Packets

Legal custody to a grandparent or relative — $175 new / $150 to reopen (plus a home-study deposit if ordered)

File a complaint or motion for legal custody in the Probate/Juvenile Court naming the parents, with the UCCJEA affidavit. The court applies the unsuitability threshold, then best interest, and may order a home study or appoint a GAL.

Juvenile Pro-Se Filing Packet (Darke County) — The self-represented filing packet for never-married-parent custody, parenting time, companionship, and support cases in the Darke County Juvenile Division.
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.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time you ask the court to set or change support.

Grandparents' Power of Attorney (short-term) — Administered through the Probate/Juvenile Court

When a parent agrees, the parent can grant a grandparent a Power of Attorney for caregiving — to enroll in school and obtain medical care — without a custody case. It is revocable and lighter-weight than custody.

Grandparents' Power of Attorney (Darke County) — Lets a parent grant a grandparent caregiving authority (to enroll in school, get medical care, etc.) without a full custody case. It can be revoked and is a lighter-weight alternative to custody.

How to File Grandparent & Non-Parent Custody in Darke County

Confirm the Probate/Juvenile Court applies. Non-parent custody is filed in the Darke County Probate/Juvenile Court under R.C. 2151.23.
Decide custody vs. Power of Attorney. For full custody, file a legal-custody complaint; for short-term needs with a parent's agreement, use a Grandparents' Power of Attorney.
Gather your evidence. Collect proof about the parents' unsuitability or the harm of staying with a parent, plus the child's residence history for the UCCJEA affidavit.
File and pay the deposit. File with the Juvenile Court at 300 Garst Ave, pay the $175 deposit (or request a waiver), and serve the parents.
Attend the hearing. The court applies the unsuitability standard, then best interest, and may order a home study or appoint a GAL.

Darke County Practice Notes

Parents have a constitutional preference. Before placing a child with a non-parent, the court generally must find the parents unsuitable — or that they relinquished custody, abandoned the child, or that placement with a parent would be detrimental (R.C. 2151.23).
Legal custody is not adoption. Legal custody gives the non-parent day-to-day decision-making while the parents keep their residual rights, including the possibility of seeking custody back later. Adoption permanently ends parental rights and is handled by the Probate Division.
A Power of Attorney is a lighter alternative. Ohio lets a parent grant a grandparent a Power of Attorney (or Caretaker Authorization Affidavit) for a child's care without a full custody case; the Darke County Probate/Juvenile Court publishes the Grandparents' POA form and HB 130 information.

Frequently Asked Questions

How does a grandparent or non-parent get custody of a child in Darke County?: A non-parent files a complaint or motion for legal custody in the Darke County Probate/Juvenile Court under R.C. 2151.23 (the Pro-Se Filing Packet may be used). Because parents have a constitutional preference, the court generally must first find the parents unsuitable — or that they relinquished custody, abandoned the child, or that staying with a parent would be detrimental — before awarding custody to a non-parent. Legal custody is different from adoption, which permanently ends parental rights.
Is a Grandparents' Power of Attorney the same as custody in Darke County?: No. A Grandparents' Power of Attorney lets a parent give a grandparent caregiving authority — to enroll the child in school and get medical care — without a custody case, and it can be revoked. It is a lighter-weight, short-term alternative to legal custody. The Darke County Probate/Juvenile Court publishes the Grandparents' POA form and HB 130 information.
Do I file custody in Domestic Relations or Juvenile Court in Darke County?: If you are married to (or divorcing) the other parent, custody, parenting time, and child support are decided inside your divorce, dissolution, or legal separation in the Domestic Relations Division of the Court of Common Pleas. If you were never married, parentage and custody are handled by the Probate/Juvenile Court at 300 Garst Ave, Greenville. Grandparent and other non-parent custody is always filed in the Juvenile Division.
What does a paternity or custody case cost in the Darke County Juvenile Court?: Adult paternity is $175 for a new filing, $150 if a case already exists, and $50 for a consent entry. A private custody, parenting-time, or companionship filing is $175 to open a new case and $150 to reopen an established case (plus a home-study deposit if a home study is ordered). The Juvenile Court takes cash, check, or card; a fee waiver is available.
How do I report suspected child abuse in Darke County?: Call Darke County JFS Child Protective Services at (937) 548-4132 Option 5; after hours, call (937) 548-2020. You can also use the statewide hotline at 1-855-642-4453. In an emergency, call 911. Abuse, neglect, and dependency cases are heard in the Juvenile Division.

Free Local Resources in Darke County

Darke County Clerk of Courts (Domestic Relations). Current filing fees, deposits, and case filing for divorce, dissolution, legal separation, annulment, and post-decree matters. File at the Darke County Courthouse, Second Floor, 504 South Broadway, Greenville; Clerk Cindy Pike, (937) 547-7335. The yellow Questionnaire is required with every DR complaint. Local court rules are at https://darkecountycommonpleas.com/wp-content/uploads/2026/02/Local-Rules-effective-February-1-2026.pdf and downloadable DR forms are at https://darkecountycommonpleas.com/court-forms/.
Darke County Probate/Juvenile Court. Handles never-married-parent parentage, custody, parenting time, and support, plus non-parent custody, abuse/neglect/dependency, and adoption. 300 Garst Ave, Greenville; Juvenile (937) 547-7350, Probate (937) 547-7345; Judge Jason R. Aslinger presides. Self-help forms and the Pro-Se Filing Packet are at https://www.darkeprobatejuvenile.org/juvForms.php.
Darke County Child Support Enforcement Agency (CSEA). Opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, pays through the state, and can review or enforce existing orders. 631 Wagner Ave, Greenville; (937) 548-4132 option 4 or (800) 501-5635.
Darke County Children Services (report child abuse). To report suspected child abuse or neglect, call Darke County JFS Child Protective Services at (937) 548-4132 Option 5; after hours (937) 548-2020; statewide hotline 1-855-642-4453. In an emergency, call 911.
Parenting seminar — "Helping Children Succeed After Divorce" (OSU Extension). The court-approved parenting seminar required in DR cases with minor children (DR Local Rule 7(G)); about $45 per person. Register at https://scponline.osu.edu/.
Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.

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.

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