Filing for Custody in Fayette County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 9, 2026

Fayette County, Ohio · Washington Court House

Where you file for custody in Fayette County depends on whether the parents were married. Married or divorcing parents resolve custody, parenting time, and child support inside their divorce or dissolution in the Domestic Relations Division. Never-married parents file in the Fayette County Juvenile Court, which provides a Complaint for Custody Checklist and a Self-Help Custody Info sheet. The county also offers a unique Married but Separated Custody Packet for spouses living apart who aren't ready to divorce. Married-parent custody is decided by the Domestic Relations Division under the Honorable David B. Bender, while unmarried-parent custody is heard by the separate Probate-Juvenile Court under the Honorable Mary E. King.

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

If you and the other parent were married, custody, parenting time, and child support are decided inside your divorce or dissolution in the Domestic Relations Division. If you were never married, file in the Fayette County Juvenile Court using its Complaint for Custody Checklist and Self-Help Custody Info sheet — paternity must be established first if it hasn't been. If you are married but living apart and only need temporary custody arrangements without filing for divorce, use Fayette County's unique Married but Separated Custody Packet. Where you file depends on your situation: a married-parent custody action in the Domestic Relations Division is filed with the Clerk of Courts on the 3rd floor at 110 East Court Street (attorneys eFile through Henschen; pro se filers file in person) and carries a deposit of about $250, while an unmarried-parent case is filed in the Probate-Juvenile Court on the 2nd floor — which does not offer e-filing, so file in person, by mail, or by fax — and carries a deposit of about $100. Confirm the current amount with the Clerk at (740) 335-6371 (DR) or the Probate-Juvenile Court at (740) 335-0640; an Affidavit of Indigency waiver is available. For parenting time, the Juvenile Court applies its local Companionship Guidelines (Local Rule 15).

Flat-fee custody for Fayette County families

Skip the hourly-billing guesswork. Our Ohio family-law team handles custody for Fayette County families at a transparent flat fee — you approve the price before we start, with payment plans and full representation available when a case needs it. Everything local — the court in Washington Court House, required forms, and Fayette County fee details — is laid out on this page.

One flat fee, agreed up front. You approve the flat fee before any work starts — no hourly meter, and no surprise invoices later.
Payments that fit your budget. Spread the cost with a payment plan, or use financing — so the flat fee works with your budget.
Why Fayette County families choose us. Because it's a flat fee, we're paid to resolve your custody case — not to run up hours — so nothing drags for the sake of billing. Licensed Ohio family-law attorneys serve Fayette County and all 88 counties.

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: Fayette County Court of Common Pleas, Domestic Relations Division

Fayette County Courthouse, 110 East Court Street, 3rd Floor, Washington Court House, OH 43160
Phone: (740) 335-4750
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.
Website: Court website
e-Filing: Online e-filing portal

Juvenile Branch (Never-Married Parents)

Fayette County Juvenile Court
Fayette County Courthouse, 110 East Court Street, 2nd Floor, Washington Court House, OH 43160
Phone: (740) 335-0640
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.

Custody is the right path if…

You need a court order setting where the children live and how parenting time is divided.
You and the other parent can't agree on a parenting schedule.
You were never married and need to establish custody in Juvenile Court.
You are married but living apart and need a temporary custody arrangement.

Filing Fees

A new custody action between married parents in the Domestic Relations Division carries about a $250 deposit (Clerk fee schedule, eff. 7/3/2023); an unmarried-parent custody, support, or paternity case in the Probate-Juvenile Court carries about a $100 deposit (eff. 11/1/2022). Amounts can change — confirm the current figure with the Clerk at (740) 335-6371 (DR) or the Probate-Juvenile Court at (740) 335-0640. An Affidavit of Indigency (fee waiver) is available under Ohio Civ.R. 3(E).

Forms & Filing Packets

Custody for never-married parents (Juvenile Court) — About $250 (married-parent DR custody) or $100 (unmarried-parent Juvenile case) deposit — confirm at (740) 335-6371; Affidavit of Indigency waiver available

Filed in the Fayette County Juvenile Court when the parents were never married. Paternity must be established before the court can allocate custody.

Fayette County Complaint for Custody Checklist — Fayette County's pro se checklist for opening a custody case in the Juvenile Court. Start here.
Fayette County Self-Help Custody Info — The Juvenile Court's self-help information sheet explaining how a custody case works.
Ohio Child Support Computation Worksheet — Run the official Ohio Income Shares calculator, print, and sign. Required any time the court will set support.

Married but living apart (Married but Separated Custody Packet) — About $250 (married-parent DR custody) or $100 (unmarried-parent Juvenile case) deposit — confirm at (740) 335-6371; Affidavit of Indigency waiver available

Use Fayette County's unique local packet if you are married and living apart and need temporary custody arrangements without filing for divorce or dissolution. If you do file for divorce, custody is decided inside that case.

Fayette County Married but Separated Custody Packet — A unique local form packet for married couples living apart who need temporary custody arrangements before filing for divorce or dissolution.
Motion to Continue / Blank Motion — The Juvenile Court's blank motion form, useful for routine requests such as continuing a hearing.

How to File Custody in Fayette County

Pick the right path. Married or divorcing parents resolve custody inside the divorce or dissolution. Never-married parents file in the Juvenile Court. Married couples living apart who aren't divorcing can use the Married but Separated Custody Packet.
Use the county's custody forms. Never-married parents start with the Complaint for Custody Checklist and Self-Help Custody Info sheet; married-but-separated parents use the Married but Separated Custody Packet. Add a Child Support Worksheet when support is at issue.
File in the correct court. For a married-parent custody action, file with the Clerk of Courts on the 3rd floor at 110 East Court Street (attorneys eFile through Henschen; pro se filers file in person) and pay about a $250 deposit. For an unmarried-parent case, file in the Probate-Juvenile Court on the 2nd floor — which has no e-filing, so file in person, by mail, or by fax — and pay about a $100 deposit. Or file an Affidavit of Indigency for a waiver.
Serve the other parent. Arrange service on the other parent. If they can't be located, the Clerk can post notice at the Courthouse, the Department of Job and Family Services, and the BMV under Juvenile Local Rule 21.
Attend the hearing before Judge Bender. Attend the hearing the court sets. For never-married parents, the local Companionship Guidelines (Local Rule 15) set the default parenting time schedule if you can't agree.

Fayette County Practice Notes

Companionship Guidelines set the default schedule. For never-married parents, the Fayette County Juvenile Court applies local Companionship (visitation) Guidelines under Local Rule 15, which set the default parenting time schedule when parents cannot agree.
Guardian ad Litem reports are confidential. Under Juvenile Local Rule 3G-H, Guardian ad Litem reports are confidential and shared only with attorneys of record and pro se parties; further distribution requires court permission. The court keeps a rotating list of appointed counsel and guardians ad litem under Local Rule 6.
Handwritten motions and mediation. Under Juvenile Local Rule 4(B), the court reserves the right to hear a handwritten or typed letter motion, and the Juvenile Court offers mediation under Local Rule 18 to help parents reach agreement.

Frequently Asked Questions

Do I file custody in Domestic Relations or Juvenile Court in Fayette County?: If you are married to (or divorcing) the other parent, custody, parenting time, and child support are decided inside your divorce or dissolution in the Domestic Relations Division. If you were never married, the Fayette County Juvenile Court handles custody, parenting time, child support, and paternity for unmarried parents. The Domestic Relations Division (under Judge David B. Bender) and the separate Probate-Juvenile Court (under Judge Mary E. King) both sit in the same courthouse at 110 East Court Street, but they are separate courts with their own judges and local rules.
What is the Married but Separated Custody Packet?: Fayette County offers a unique local form packet for married couples who are living apart but have not yet filed for divorce or dissolution and need to establish temporary custody arrangements for their children. This is an uncommon resource that few Ohio courts provide. You can download it from the Clerk of Courts checklist page.
How is parenting time set for unmarried parents in Fayette County?: The Fayette County Juvenile Court maintains local Companionship (visitation) Guidelines under Juvenile Court Local Rule 15. These guidelines set the default parenting time schedule for cases involving unmarried parents when the parents cannot agree on a schedule themselves.
Are Guardian ad Litem reports confidential in Fayette County?: Yes. Under Fayette County Juvenile Court Local Rule 3G-H, Guardian ad Litem reports are confidential. Copies are provided only to the attorneys of record and to pro se parties, and any further distribution is prohibited without the court's permission. The court keeps a rotating list of attorneys for appointment as counsel or guardians ad litem under Local Rule 6.
How much does it cost to file a family law case in Fayette County?: The Fayette County Clerk of Courts charges a security deposit toward court costs set by its published fee schedule (effective July 3, 2023): about $400 for a divorce, $350 for a dissolution, $250 for a new custody action between married parents, and $200 for a post-decree motion, plus small statutory computer-fund add-ons. The separate Probate-Juvenile Court charges about a $100 deposit for a custody, support, parenting-time, or paternity case between never-married parents. These are deposits, not the final bill, and amounts can change — confirm the current figure with the Clerk at (740) 335-6371 before you file. If you cannot afford the deposit, an Affidavit of Indigency (fee waiver) is available for qualifying low-income filers under Ohio Civil Rule 3(E); the Juvenile and Probate divisions accept payment online through the BridgePayment portal.
Does Fayette County have self-help checklists for filing without a lawyer?: Yes — Fayette County provides an unusually detailed set of six pro se filing checklists: a Dissolution of Marriage Checklist, a Divorce Checklist, a Post-Decree Motion Checklist, a Complaint for Custody Checklist, an Answer Checklist, and a unique Married but Separated Custody Packet. Each checklist walks you through exactly which forms are needed and how to complete them. The Juvenile Court also posts a Self-Help Custody Info sheet and a Motion to Continue / Blank Motion form.
What if I can't locate the other party to serve them in Fayette County?: Under Fayette County Juvenile Court Local Rule 21, when service by publication is not perfected by mailing, the Clerk posts notices in three locations — the Fayette County Courthouse, the Fayette County Department of Job and Family Services, and the Bureau of Motor Vehicles in Washington Court House. This posting method is an alternative to traditional newspaper publication.

Free Local Resources in Fayette County

Fayette County Clerk of Courts. Publishes the Fee Schedule, the six pro se filing checklists, and eFiling (Henschen) instructions. Located on the 3rd floor of the courthouse, 110 East Court Street; call (740) 335-6371 to confirm current fees before filing. Online payments are accepted through BridgePayment.
Pro Se Checklists & Juvenile Self-Help Forms. Fayette County posts Divorce, Dissolution, and Custody checklists plus a Juvenile Self-Help/Forms page (including the Self-Help Custody Info sheet and a Motion to Continue / Blank Motion form) for people filing without an attorney.
Fayette County Victim Witness Office. Provides domestic violence and protection order resources, including a downloadable Domestic Violence brochure, Protection Orders information, and a Teens, Dating Violence & Sexual Assaults page.
Triple P Positive Parenting Program. Free, evidence-based parenting tools through the Ohio Children's Trust Fund's Triple P Online program, linked by the Fayette County Juvenile Court.
Ohio Legal Help & Fayette County Law Library. Ohio Legal Help (ohiolegalhelp.org) offers free plain-language guides and form help, and the Fayette County Law Library provides legal research resources and forms.

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.