Delaware County Child Custody Attorneys

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 4, 2026

Delaware County, Ohio · Delaware

In Ohio, 'custody' means the allocation of parental rights and responsibilities. Delaware County is unusual: both married/divorcing parents and never-married parents resolve custody in the Domestic Relations Division at 117 N. Union Street. Married parents allocate custody inside their divorce or dissolution; never-married parents file a parentage and allocation complaint in the same DR Division (Local Rule 16). The court decides using the R.C. 3109.04(F) best-interest factors.

Hire Gavvl for your Delaware County custody case

Flat-fee and full-representation options: we handle the filings, the Delaware County local forms, the court strategy, and the hearings — and you know the price before we start.

Start with a $25 consultation and talk through your options with an Ohio family-law attorney before you commit to anything. Get started online or see payment plans & financing.

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

If you were married, custody is decided inside your divorce or dissolution at the Delaware County DR Division, 117 N. Union Street, Level 400, Delaware, OH 43015 — file the Parenting Proceeding Affidavit (Uniform DR Affidavit 3), Health Insurance Affidavit (Affidavit 4), and the local Parenting Supplemental Information Affidavit with your case. If you were never married, file the Complaint for Parentage/Allocation/Parenting Time (Uniform DR Form 23) in the same DR Division; the parentage deposit is $200. Both parents must complete the For the Children parenting seminar before the order is final. Non-parent and grandparent custody is filed in the Juvenile Court at 145 N. Union Street.

Put a flat-fee custody attorney on your Delaware County case

Delaware County is unusual: never-married parents file parentage and the allocation of parental rights in the Domestic Relations Division under Local Rule 16 — not Juvenile Court — on Uniform DR Form 23 with a $200 deposit, while married parents allocate custody inside their divorce or dissolution at 117 N. Union Street. The court decides on the R.C. 3109.04(F) best-interest factors. Gavvl Law files in the right division the first time and represents you from the parenting affidavits through the final order.

The right courthouse, the first time. Filing a never-married custody case in Juvenile Court is a common Delaware mistake — parentage belongs in the DR Division under Local Rule 16, with the Form 23 complaint and the county's Parentage/Allocation checklist. We file where Delaware wants it so your case is not bounced or transferred before it starts.
A parenting proposal built for the best-interest test. Delaware weighs the full R.C. 3109.04(F) factor list, and a contested case can draw a Guardian ad Litem under Local Rule 32 who files a report at least 7 days before the final hearing. We prepare a Parenting Plan (Form 21) and the evidence the GAL and magistrate will actually look at.
The 10% support reduction, captured. Adopting Delaware's standard parenting-time schedule triggers an automatic 10% cut to the guideline child-support figure under Local Rule 17.01(E). We line up your parenting schedule and the Ohio worksheet together so the support number reflects the time you actually have.

Custody in Delaware runs alongside the DR Division's trauma-informed settlement model — court-approved mediation under Local Rule 31, Neutral Evaluation with a magistrate and an outside specialist, and Co-Parent Coaching — with mandatory domestic-violence screening. We use those tracks to settle parenting where we can, and bring full representation to a contested hearing where we cannot, all on one flat fee approved up front with payment plans available.

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

Prefer full representation? An Ohio attorney can carry the entire case on a $3,500 retainer.

Split any flat fee with Gavvl Direct — our in-house plan at 19% APR, $500 minimum — on a 60%-down schedule of 18 weekly, 8 bi-weekly, or 4 monthly payments, or full financing where work begins once 60% is paid. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.

Start your custody case or see payment plans & financing.

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: Delaware County Court of Common Pleas, Domestic Relations Division

117 N. Union Street, Level 400, Delaware, OH 43015
Phone: (740) 833-2025
Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Website: Court website
e-Filing: Online e-filing portal

Juvenile Branch (Never-Married Parents)

Delaware County Juvenile Court
145 N. Union Street, Delaware, OH 43015
Phone: (740) 833-2600
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Custody is the right path if…

You need a court order setting who the children live with and how parenting time is divided.
You and the other parent can't agree on the schedule, schooling, or major decisions.
Ohio is the children's home state under the UCCJEA — they've lived in Ohio the last 6 months.
You can complete the For the Children parenting seminar before the final order.

Filing Fees

DR custody inside divorce: included in the $455/$485 deposit · Never-married parentage: $200 deposit · GAL fees allocated by ability to pay (Local Rule 32)

Forms & Filing Packets

Custody inside a Delaware County divorce/dissolution (married parents) — Included in the $485 divorce-with-children or $455 dissolution-with-children deposit

Married or divorcing parents allocate custody as part of the DR case — there is no separate custody filing. These are the children's add-on forms Delaware requires under Local Rule 2.02(A).

Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
Health Insurance Affidavit — Discloses whether health insurance is available for the children through either parent's employer.
Parenting Supplemental Information Affidavit (Local) — Delaware County local affidavit required in any DR case with minor children.
Parenting Plan (Uniform DR Form 21) — Sets the residential parent, parenting-time schedule, and decision-making when one parent will be residential parent.
Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.

Custody for never-married parents — DR parentage (Delaware nuance) — $200 parentage deposit

In Delaware County, never-married parents file parentage and allocation in the Domestic Relations Division, not Juvenile Court. Paternity must be established before custody can be allocated.

Complaint for Parentage / Allocation / Parenting Time (Uniform DR Form 23) — Opens the parentage case and asks the DR Division to designate a residential parent and set parenting time for never-married parents.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
Parentage — Allocation of Parental Rights Filing Checklist (Local) — Delaware County's step-by-step checklist for what must accompany a parentage/allocation complaint.
Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.

Shared parenting add-on

File a proposed Shared Parenting Plan when both parents will be residential parents and legal custodians.

Shared Parenting Plan (Uniform DR Form 20) — Written plan meeting the R.C. 3109.04(G) factors: living arrangements, decision-making, transportation, school and health care, tax exemptions, and dispute resolution.

How to File Custody in Delaware County

Identify your filing posture. Married/divorcing parents allocate custody inside the divorce or dissolution; never-married parents file a Form 23 parentage/allocation complaint. Both are DR Division cases at 117 N. Union Street.
Confirm Ohio is the children's home state under the UCCJEA. The children must have lived in Ohio for the prior 6 months. The Parenting Proceeding Affidavit (Affidavit 3) is how you swear to those facts.
Assemble the forms packet. Parenting Proceeding Affidavit + Health Insurance Affidavit + local Parenting Supplemental Affidavit, plus the Parenting Plan (Form 21) or Shared Parenting Plan (Form 20) and the child-support worksheet.
File and pay the deposit. File at the Clerk of Courts or e-file. Parentage cases carry a $200 deposit; in-divorce custody is part of the divorce deposit.
Complete the For the Children seminar. Both parents register through OSU Extension at (740) 833-2030 and file proof before the order is final.

Delaware County Practice Notes

Never-married custody is a DR case in Delaware County. Unlike most Ohio counties, Delaware County keeps parentage and allocation of parental rights for never-married parents in the Domestic Relations Division (Local Rule 16) using Uniform DR Form 23 — not the Juvenile Court. Non-parent and grandparent custody is the exception and goes to Juvenile Court.
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.
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.
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.

Frequently Asked Questions

Do never-married parents file custody in Domestic Relations or Juvenile Court in Delaware County?: In Delaware County, parentage and the allocation of parental rights for never-married parents are handled by the Domestic Relations Division (Local Rule 16; file the Complaint for Parentage/Allocation/Parenting Time, Uniform DR Form 23) — not the Juvenile Court. Married or divorcing parents resolve custody inside their divorce or dissolution in the same DR Division at 117 N. Union Street. Non-parent and grandparent custody petitions go to the Delaware County Juvenile Court at 145 N. Union Street.
Is the parenting seminar required in Delaware County?: Yes. Under Local Rule 2.02(E) / 7.02(C), both parents in any divorce, dissolution, legal separation, or annulment involving minor children must complete the 'For the Children' parenting seminar before a final decree is issued. The seminar is run through the OSU Extension Office at (740) 833-2030. It may be waived only for good cause, and failure to attend can result in dismissal or suspension of court-ordered parenting time.
When is a Guardian ad Litem appointed in Delaware County?: In a contested custody or parentage case, the court can appoint a Guardian ad Litem (Local Rule 32) — an attorney from the court-approved list who investigates and recommends a parenting arrangement in the child's best interest. The GAL is a party with full record access, files a written report no fewer than 7 days before the final hearing, and is available for cross-examination. GAL fees are set in the order of appointment and allocated between the parties by ability to pay.
What does it mean for Ohio to be my child's 'home state' under the UCCJEA?: Under the UCCJEA (R.C. 3127), Ohio is the children's home state when they have lived in Ohio with a parent for at least 6 consecutive months immediately before the filing. If the children recently moved, the prior state may still have jurisdiction. Ohio courts can also decline jurisdiction as an inconvenient forum under R.C. 3127.21 even when home-state requirements are met.

Free Local Resources in Delaware County

Delaware County DR Court Forms Page. Every Domestic Relations form, the case-type ZIP packets (divorce, dissolution, parentage, modification, CPO), and the filing checklists are posted free at domestic.co.delaware.oh.us/forms.
Delaware County DR Virtual Resource Center. The DR Division's self-help hub links the general-information pages, FAQs, common-terms glossary, the For the Children parenting seminar, and the Co-Parenting Program at domestic.co.delaware.oh.us/virtual-resource-center.
Delaware County eAccess / E-Services Portal. Self-represented and represented parties can e-file and check dockets at court.co.delaware.oh.us/eservices. Payment is processed through LexisNexis — confirm the amount before authorizing.

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.