Filing for Custody in Delaware County

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.

Where to File: Delaware County Court of Common Pleas, Domestic Relations Division

Juvenile Branch (Never-Married Parents)

Delaware County Juvenile Court
145 N. Union Street, Delaware, OH 43015, 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

How to File Custody in Delaware County

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

Other Family-Law Topics in Delaware County

• Delaware County Divorce — Contested and default divorce filing guide for the DR Division.
• Delaware County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
• Delaware County Custody — Married parents file inside divorce; never-married parents file parentage in the DR Division.

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.
• Columbus family law — Local attorneys and courts serving the Columbus 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.