Filing for Custody in Fairfield County
Fairfield County, Ohio · Lancaster
In Ohio, 'custody' is the allocation of parental rights and responsibilities. In Fairfield County, where you file depends on whether the parents were married. Married or divorcing parents resolve custody inside the divorce, dissolution, or legal separation in the DR Division on the 4th Floor of the Hall of Justice, 224 East Main Street, Lancaster (Hon. Laura B. Smith). Never-married parents file in the separate Fairfield County Juvenile Court on the 3rd Floor of the same building (Hon. Terre L. Vandervoort). Either court applies the R.C. 3109.04(F) best-interest factors, and Fairfield's Local Rule 17 Standard Parenting Time Order sets the default schedule. Print everything single-sided — the Clerk rejects double-sided pages.
How do I file for custody in Fairfield County, Ohio?
If you and the other parent were married, custody, parenting time, and child support travel with your divorce, dissolution, or legal separation in the DR Division, 4th Floor, Hall of Justice, 224 East Main Street, Lancaster — there is no separate custody filing. If you were never married, file a Complaint for Allocation of Parental Rights & Responsibilities (Ohio SC Form 23) in the Fairfield County Juvenile Court, 3rd Floor of the same building, (740) 652-7463. A Parenting Proceeding Affidavit (R.C. 3127.23) confirming Ohio is the children's home state is required either way, and parents must complete Children In Between® ($25 online) before parenting orders are finalized. Print everything single-sided. The court decides custody under the R.C. 3109.04(F) best-interest factors, with Local Rule 17 setting the default parenting-time schedule.
Where to File: Fairfield County Court of Common Pleas — Domestic Relations Division
Hall of Justice, 224 East Main Street, 4th Floor, Lancaster, OH 43130, Lancaster, OH 43130Phone: (740) 652-7440
Hours: Monday-Friday 8:00 AM - 12:00 PM and 1:00 PM - 4:00 PM (closed midday)
Website: www.co.fairfield.oh.us/dr/
Juvenile Branch (Never-Married Parents)
Fairfield County Juvenile and Probate Court
Hall of Justice, 224 East Main Street, 3rd Floor, Lancaster, OH 43130, Lancaster, OH 43130
Phone: (740) 652-7463
Hours: Monday-Friday 8:00 AM - 4:00 PM
Custody is the right path if…
- You need a court order saying who the children live with and how parenting time is divided.
- You and the other parent can't agree on parenting time, school enrollment, or major decisions.
- Ohio is the children's home state under the UCCJEA — they've lived in Ohio for the last 6 months.
- You can complete Children In Between® before the final hearing.
Filing Fees
DR custody (inside divorce): filed with the DR case · Juvenile custody filing · Children In Between® $25 online · Single-sided only · Local Rule 17 default parenting time
Forms & Filing Packets
Custody inside a Fairfield divorce/dissolution (married parents)
Filed with the divorce, dissolution, or legal separation in the DR Division on the 4th Floor. When parents were married, custody, parenting time, and child support travel with the case. Single-sided only.
- Parenting Proceeding Affidavit / UCCJEA (Ohio SC Affidavit 3) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years.
- Parenting Plan (Ohio SC Form 21) — Used when one parent will be designated residential parent and legal custodian.
- Shared Parenting Plan (Ohio SC Form 20) — Required when both parents are asking to be designated residential parents under R.C. 3109.04(G). Must be notarized.
- Standard Parenting Time Order (Local Rule 17, rev. March 1, 2023) — Fairfield's Standard Parenting Time Order — applies unless the parties agree to a different schedule.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign.
Custody packet — Fairfield Juvenile Court (never-married parents)
Filed at the Fairfield County Juvenile Court on the 3rd Floor of the Hall of Justice. Used when the parents were never married. Paternity must be established before the court can allocate custody.
- Complaint for Allocation of Parental Rights & Responsibilities (Ohio SC Form 23) — Used by never-married parents to ask the Juvenile Court to name a residential parent and legal custodian and set parenting time.
- Parenting Proceeding Affidavit / UCCJEA (Ohio SC Affidavit 3) — Required in any DR case with minor children. Lists where each child has lived for the last 5 years.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign.
How to File Custody in Fairfield County
- Pick the right court — DR or Juvenile. Married/divorcing parents file with the DR case on the 4th Floor; never-married parents file in the Juvenile Court on the 3rd Floor of the Hall of Justice.
- 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. The Parenting Proceeding Affidavit (Affidavit 3) is how you swear to those facts.
- Complete Children In Between®. $25 online at divorce-education.com/OH/fairfield; file the certificate before parenting orders are finalized.
- Assemble the packet and file single-sided. DR: parenting affidavit + parenting plan + child-support worksheet with the case. Juvenile: Complaint for Allocation of Parental Rights (Form 23) + UCCJEA affidavit + child-support worksheet.
Fairfield County Practice Notes
- Married vs. never-married controls the court. Fairfield's DR Division (4th Floor) and Juvenile Court (3rd Floor) sit in the same Hall of Justice but are separate courts. Married parents file custody with the DR case; never-married parents file in the Juvenile Court. Judge Vandervoort uniquely serves as both Judge and Clerk of the Juvenile Court.
- Local Rule 17 sets the default schedule. Unless the parties agree to a different schedule in writing, Fairfield's Local Rule 17 Standard Parenting Time Order (revised March 1, 2023) controls parenting time. Read it before negotiating.
- Children In Between® before parenting orders. Parents with minor children must complete Children In Between® ($25 online at divorce-education.com/OH/fairfield) and file the certificate before parenting orders are finalized.
- Single-sided documents only. Fairfield's Clerk rejects anything printed on both sides — reprint double-sided pages before filing.
Frequently Asked Questions
- Where do I file for custody in Fairfield County?
- If you and the other parent were married, custody and parenting time travel with your divorce, dissolution, or legal separation in the DR Division on the 4th Floor of the Hall of Justice, 224 East Main Street, Lancaster (Hon. Laura B. Smith). If you were never married, file a Complaint for Allocation of Parental Rights & Responsibilities in the Fairfield County Juvenile Court on the 3rd Floor of the same building (Hon. Terre L. Vandervoort), (740) 652-7463. Both courts decide custody under the R.C. 3109.04(F) best-interest factors, and Fairfield's Local Rule 17 Standard Parenting Time Order sets the default schedule.
- When do I file in Fairfield Juvenile Court instead of DR?
- If the parents were never married, custody, parenting time, child support, and paternity are filed in the Fairfield County Juvenile Court on the 3rd Floor of the same Hall of Justice in front of Hon. Terre L. Vandervoort. If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in the DR Division on the 4th Floor (Hon. Laura B. Smith). Judge Vandervoort uniquely serves as both Judge and Clerk of the Juvenile/Probate Courts.
- What parenting-time schedule applies in Fairfield County?
- Fairfield's Local Rule 17 Standard Parenting Time Order — most recently revised March 1, 2023 — applies unless the parties agree to something different in writing. The current version covers cases decided on or after March 1, 2023. A previous version covers cases decided between March 1, 2007 and February 28, 2023.
- What parent education does Fairfield County require?
- Parents with minor children in divorce, legal separation, or dissolution cases must complete the Children In Between® program. It's available online for $25 at divorce-education.com/OH/fairfield. Accounts are valid for 30 days and the program is 24/7. File the certificate of completion with the Clerk in person or by fax to (740) 652-7399 — required before the final hearing.
- How is child support calculated in Fairfield County?
- Fairfield County uses Ohio's statewide 2024 Income Shares Model — there is no county formula. Run the official worksheet at ohiochildsupportcalculator.ohio.gov with both parents' gross incomes, parenting-time, health-insurance, and child-care figures, then file the signed worksheet along with Fairfield's SETS Child Support Information Form. The Fairfield County CSEA collects and enforces the order through wage withholding once it is journalized.
Free Local Resources in Fairfield County
- Fairfield County DR Division. Hall of Justice, 224 East Main Street, 4th Floor, Lancaster, OH 43130. Phone (740) 652-7440 · Fax (740) 652-7399. Hon. Laura B. Smith presides.
- Fairfield County DR Forms Hub (HTML + PDF). co.fairfield.oh.us/dr/DR-Court-Forms-FC.html — accessible HTML and printable PDF versions of every local DR form.
- Fairfield County DR Local Rules. co.fairfield.oh.us/dr/FC-Local-Rules-of-Court-DR.html — including Local Rule 17 Standard Parenting Time Order.
- Local Rule 17 — Standard Parenting Time Order (rev. 2023). co.fairfield.oh.us/dr/pdf/Local-Rule-17-rev-2023.03.01.pdf — current standard order.
- Children In Between® (online, $25). divorce-education.com/OH/fairfield — required parent-education for parents with minor children. 24/7 online; 30-day account.
- Dissolution & Divorce Document Checklist. co.fairfield.oh.us/dr/documents/Dissolution-and-Divorce-Document-Checklist.pdf — work through it before filing.
- Standard Mutual Restraining Order (auto-effective on filing). co.fairfield.oh.us/dr/documents/restraining_order.pdf
- Fairfield County Visitation Center. 407 East Main Street, Lancaster — supervised visitation and exchange services.
- Fairfield County Juvenile & Probate Court. Hall of Justice, 224 East Main Street, 3rd Floor, Lancaster. Juvenile (740) 652-7463 · Probate (740) 652-7485. Hon. Terre L. Vandervoort (also serves as Clerk). Magistrates Michelle L. Edgar and Troy M. Sitzmann.
- Juvenile Resource Center (Connexion West). 625 Garfield Avenue, Lancaster · (740) 652-7374 — diversion services, behavioral health, and youth programming.
- The Lighthouse, Inc. (CPO advocacy). 136 West Main Street, 2nd Floor, Lancaster · (740) 687-6778 ext. 3027 — free CPO advocacy (not legal advice).
- SEOLS Virtual Legal Clinics. 4th Tuesday of every month, 5:00–7:00 p.m. Call 844-302-1800 Mon–Fri to register.
- Court Appointed Counsel Application (Ohio OPD). opd.ohio.gov/appointed-counsel/reimbursement/05-financial-disclosure-form-opd-206r
- Ohio Supreme Court Standardized Forms. supremecourt.ohio.gov — Fairfield DR uses Ohio SC standardized forms alongside Fairfield 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 Fairfield County
- Fairfield County Dissolution — Joint petition filed at the 4th Floor Clerk. ~$300 filing fee. Single-sided only. Final hearing 30-90 days after filing.
- Fairfield County Divorce — DR Division (Hon. Laura B. Smith). 42-day waiting period. Standard Mutual Restraining Order auto-effective on filing.
- Fairfield County Divorce With Children — Add Parenting Proceeding Affidavit, Health Insurance Affidavit, child support worksheet, SETS form, and Children In Between® ($25).
- Fairfield County Legal Separation — Same mandatory initial pleadings as divorce. Fairfield does not publish a separate form — use Ohio SC Complaint with the caption changed.
- Fairfield County Annulment — Limited R.C. 3105.31 grounds. Use the Ohio SC divorce Complaint with the caption changed.
- Fairfield County Post-Decree Modifications — Ohio SC Forms 26, 27, and 28 paired with Fairfield's General Motion cover.
- Fairfield County Post-Decree Contempt — Ohio SC Forms 24 and 25 paired with Fairfield's General Motion cover.
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.
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