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 (flat fees from $1,440).

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 set by the court. 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 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: $1,440
Modify custody: $1,670

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

On limited-scope services of $2,000 or more, Gavvl Direct — our in-house plan with no interest and no credit check — takes 60% down to start, then the balance in three monthly payments, the first due 28 days after your initial payment. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.

Start your custody case or see payment plans & financing.

Real people — with direct lines

Stephanie Green — Managing Partner
Elizabeth Warren — Managing Partner
Niva Elgin — Director of Attorney Relations · Licensed New Mexico Attorney

Your consultation

Stephanie Green or Elizabeth Warren, our managing partners — or Niva Elgin, our Director of Attorney Relations and a licensed New Mexico attorney. They've heard hundreds of situations like yours and will tell you plainly what you need, and what you don't. Meet the firm.

Your attorney

One of our Of Counsel Ohio family-law attorneys is your attorney for the case — from the first strategy call to the final order in Delaware County. You have their name and a direct line the day your file opens. Our attorneys.

Your case team

Niva Elgin keeps your case moving as Director of Attorney Relations. Madeline Wampler, Certified Paralegal, handles documents and scheduling. Erin Schultz, Finance Manager, handles billing and payment plans. Real people who answer when you call.

95+ five-star Google reviews
60+ years of combined Ohio family-law experience
Super Lawyers Rising Stars honorees on the team: Elizabeth Warren (2021–2023) and Samantha Berkhofer (2019–2021)
Every flat fee published before you call

From first call to retained — and every step after

Consultation — A 30-minute phone call, $25. You talk with Stephanie Green, Elizabeth Warren, or Niva Elgin about what's happening and what Ohio law actually does with it. Before you hang up you'll know whether you need a lawyer at all — and if you do, you leave with a written quote: the service we recommend, the price, your financing options, and your next steps.
Choose — Pick the level of help. Pay, or set up financing. Limited-scope flat fee or full representation — you choose, with real numbers in front of you. Pay online, or secure a Gavvl Direct payment plan or third-party financing in a few minutes. Nothing is billed until you decide.
Sign — Your agreement arrives by email. Review the client agreement and sign it electronically — from your phone if you like. While you do, your attorney reviews your intake.
Get started — Your first attorney call goes on the calendar. Limited scope: your attorney's first call is scheduled from your intake. Full representation: a paralegal reaches out the same or next business day to open your file and gather what's needed, then schedules your first attorney call — and if something is urgent, you speak with the attorney first.

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Can I do this without an attorney?

sometimes, yes. Ohio lets you represent yourself, and for a genuinely agreed dissolution or a simple motion, some people do. The Delaware County forms and local rules are linked in the questions below, and our free tools will draft a parenting plan or estimate child support before you spend anything.

Here's what the online-divorce platforms leave out: most Ohio counties require their own forms and language on top of the statewide ones, and a rejected filing is the most common reason people call us after trying it alone. A $25, 30-minute call tells you whether you can do this yourself — and if you can, we'll say so.

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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.

Frequently Asked Questions

Which forms do I need to file for custody in Delaware County?

Custody inside a Delaware County divorce/dissolution (married parents)

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)

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 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.

What does custody cost in Delaware County?

Two numbers matter. The court's filing fee, which the Clerk sets and can confirm. And the attorney work: Our published flat fees from $1,440 cover drafting and filing the paperwork (limited scope — the court's filing fee is invoiced separately), with payment plans available. Prefer full representation? An attorney can carry the whole case on a retainer — every number is published in the pricing section above.

What forms do I need for custody in Delaware County?

It depends on your situation — children, temporary orders, and which court you file in all change the packet. Answer the quick questions in the paperwork section above and your exact Delaware County checklist appears, with every official form linked as a PDF.

How long does custody take in Delaware County?

It depends on how much you and the other side agree. Agreed matters generally move through Delaware County Court of Common Pleas, Domestic Relations Division in months, not years; contested cases take longer. The part you control is filing a complete, correct packet the first time — bounced paperwork is the most common self-filing delay.

Do we really need lawyers if we agree?

Maybe not — and we'll say so at a $25 consultation. But an agreement only counts if it survives on paper, in the exact packet Delaware County's court expects, and what you file becomes a binding court order that is hard to fix later. Precision drafting for people who already agree is most of what our flat-fee work is: done once, done right.

Where are the Delaware County local rules, and what does this court do differently?

Judges, magistrates, and filing fees change, so we do not publish them here. Delaware County posts the current information itself:

Delaware County Court of Common Pleas, Domestic Relations Division — local rules, standing orders, and the current judges and magistrates.
Delaware County local rules — the court's own rules for filings, hearings, and required local forms.
Delaware County Clerk of Courts — current filing fees and deposits, e-filing, and case records.

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.

Are there free legal 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.

Start Your Parenting Plan for Free

Before you meet with an attorney or mediator, try our free Ohio parenting plan builder — it explains sole custody vs. shared parenting in plain language and turns your answers into a printable worksheet you can bring to court, mediation, or a consultation.

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.
My Ex Leaves Our Child With the Grandparents During Their Parenting Time. Can I Do Anything About It? — Ohio courts favor grandparent relationships, so a few nights a month at grandma's is not a problem. It becomes one when the grandparents replace the parent. This guide explains why the court cannot order the grandparents to do anything, how to tell whether you have shared parenting or sole custody, and the six realistic options — from a documented conversation to a right of first refusal, contempt, a parenting time modification, a custody change, or an emergency motion.
My Ex Has Mental Health Problems and I'm Worried About the Kids. What Can I Do in Ohio? — A mental health diagnosis alone does not cost an Ohio parent custody — courts look at whether the condition is affecting the child, and they weigh the health of everyone involved, including you. This guide covers what changes when a condition is untreated: emergency motions versus modification, court-ordered evaluations, what a guardian ad litem actually does, supervised parenting time with step-up plans, and the real limits on subpoenaing records.
I Think My Ex Is Drinking or Using Drugs. Is There Anything I Can Do? (Ohio) — You do not have to prove your co-parent is using before you ask an Ohio court for help — you have to give the court a credible reason to look. This guide covers what a judge actually cares about, emergency filings versus modification, how to ask for the right test panel (fentanyl and alcohol are not on standard screens), EtG, PEth, hair and nail testing windows, alcohol monitoring during parenting time, guardians ad litem, and supervised time with step-up plans.
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.