Filing for Custody in Erie County

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

If you and the other parent were married, custody is decided inside your divorce or dissolution at the Erie County Court of Common Pleas - Domestic Relations Division — file the Parenting Proceeding Affidavit (UCCJEA, R.C. 3127.23) and an Ohio Child Support Computation Worksheet with your case packet. If you were never married, file a Complaint for Allocation of Parental Rights & Responsibilities in the Erie County Juvenile Court; paternity must be established first if it hasn't been. Filing deposits are commonly $200–$400 for custody inside a divorce and roughly $100–$175 in Juvenile Court. Both parents must complete a court-approved parenting class before the merit hearing. Confirm current fees with the Clerk at (419) 627-7705.

Where to File: Erie County Court of Common Pleas — General Division (Domestic Relations)

Juvenile Branch (Never-Married Parents)

Erie County Juvenile Court
323 Columbus Avenue, 4th Floor, Sandusky, OH 44870, Sandusky, OH 44870
Phone: (419) 627-7782
Hours: Monday-Friday 8:00 AM - 4:00 PM

Custody is the right path if…

• You need a court order setting who the children live with and how parenting time and decision-making are divided.
• You and the other parent can't agree on parenting time, school enrollment, or major decisions for the children.
• Ohio is the children's home state under the UCCJEA — they've lived in Ohio for the last 6 months.
• You can complete a parenting education class and file the Certificate of Completion before the merit hearing.

Filing Fees

Custody inside a divorce/dissolution: part of the case deposit (commonly $200–$400) · Never-married custody in Juvenile Court: ~$100–$175 · Parenting class: ~$35–$50 per parent · GAL fees (contested cases) allocated between the parents. Confirm current amounts with the Clerk at (419) 627-7705.

Forms & Filing Packets

How to File Custody in Erie County

1. Pick the right court — Domestic Relations or Juvenile. Married or divorcing parents file at the Erie County Court of Common Pleas - Domestic Relations Division. Never-married parents file at the Erie County Juvenile Court. Grandparent and other non-parent custody is always Juvenile.
2. Confirm Ohio is the children's home state under the UCCJEA. The children must have lived in Ohio for at least the prior 6 months (or you must qualify under a UCCJEA exception). The Parenting Proceeding Affidavit (R.C. 3127.23) is how you swear to those facts.
3. Complete the parenting education class. Both parents must complete a court-approved class such as "Children in Between" (~$35–$50) and file the Certificate of Completion. Most Ohio courts will not set the final hearing without it.
4. Assemble your forms packet. Married parents: the divorce/dissolution packet plus the Parenting Proceeding Affidavit and an Ohio Child Support Computation Worksheet (add a proposed Shared Parenting Plan if you are asking for shared parenting). Never-married parents: a Complaint for Allocation of Parental Rights, the UCCJEA affidavit, and the support worksheet.
5. File with the Erie County Clerk and serve the other parent. File your packet with the Clerk (call (419) 627-7705 to confirm the current deposit and number of copies) and arrange service on the other parent. Ask about a fee waiver if you can't afford the deposit.
6. Attend the hearing — both parents required. The court holds a pretrial or status conference first, then a merit hearing if the case does not settle. The Guardian ad Litem report (if one is appointed) is filed before the merit hearing, and the judge or magistrate applies the R.C. 3109.04(F) best-interest factors.

Erie County Practice Notes

• 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.
• 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.
• 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.

Free Local Resources in Erie County

• Erie County DR Division. 323 Columbus Avenue, 2nd Floor, Sandusky, OH 44870. Phone (419) 627-7732. Toll-free 1 (888) 399-6065. Hon. Judge Binette presides (General Division).
• DR Assignment Commissioner — Amanda Tubbs. Direct line (419) 627-7777. Handles all DR scheduling and coordination.
• Erie County Clerk of Courts. 323 Columbus Avenue, 1st Floor, Sandusky, OH 44870. Phone (419) 627-7732.
• Erie County DR Forms Hub. eriecounty.oh.gov/FormsforDomesticRelations.aspx — local Application/Instructions packet, Affidavit of Indigency, DR Injunctions JE, Voluntary Dismissal, and more.
• Erie County DR Local Rules (PDF, 2025). eriecounty.oh.gov/Downloads/DR_RULES20253.pdf — current as of 2025.
• PayGov — Pay Court Costs Online. pay.paygov.us — civil, criminal, and domestic case court costs.
• Public Case Search. clerkofcourts.eriecounty.oh.gov/eservices/home.page.2 — public docket search.
• Erie County Juvenile Court. 323 Columbus Avenue, 4th Floor, Sandusky. Phone (419) 627-7782. Hon. Robert C. DeLamatre.
• Erie County Juvenile Justice Center. 1338 Tiffin Avenue, Sandusky — 24-hour Juvenile Detention + Northern Ohio Juvenile Community Corrections.
• Juvenile Probation / Mediation / Diversion. 221 West Parish Street, Sandusky. Monday-Friday 8:00 AM - 4:00 PM.
• Legal Aid Line of Western Ohio. 1-888-534-1432 · legalaidline.org — free civil legal help.
• Erie County Bar Association. Phone (419) 627-2009 — lawyer referral.
• Erie County Public Defender. Phone (419) 627-6620.
• Safe Harbour. Domestic violence assistance — contact Erie County Prosecutor's Office for connection.
• Ohio Supreme Court Standardized Forms. supremecourt.ohio.gov — Erie DR uses Ohio SC standardized forms alongside Erie locals.
• Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
• Ohio Legal Help. ohiolegalhelp.org — plain-language guides and interactive court forms.

Other Family-Law Topics in Erie County

• Erie County Dissolution — Joint petition — fee deposit set by Clerk's Schedule of Costs. Final hearing 30-90 days after filing. Both spouses must attend.
• Erie County Divorce — General Division (Judge Binette). 42-day waiting period. Erie's local Application packet and DR Injunctions JE required at filing.
• Erie County Divorce With Children — Add Parenting Proceeding Affidavit, Health Insurance Affidavit, child support worksheet, and a parenting plan.
• Erie County Legal Separation — Same mandatory initial pleadings as divorce. Erie does not publish a separate form — use Ohio SC Complaint with the caption changed.
• Erie County Annulment — Limited R.C. 3105.31 grounds. Use the Ohio SC divorce Complaint with the caption changed.
• Erie County Post-Decree Modifications — Ohio SC Forms 26, 27, and 28. Schedule through DR Commissioner Amanda Tubbs.
• Erie County Post-Decree Contempt — Ohio SC Forms 24 and 25 in DR; Erie local Motion for Contempt and Show Cause in Juvenile Court ($20).

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