Grandparent & Non-Parent Custody in Fayette County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Fayette County, Ohio · Washington Court House

Grandparents and other relatives sometimes step in when parents can't safely care for a child. A non-parent can ask the Probate-Juvenile Court for legal custody, but Ohio law gives parents a strong constitutional preference, so the non-parent must show the parents are unsuitable or have relinquished care.

Hire Gavvl for your Fayette County non-parent custody case

Flat-fee and full-representation options: we handle the filings, the Fayette County local forms, the court strategy, and the hearings — and you know the price before we start.

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 can a grandparent or relative get custody in Fayette County?

File a complaint for legal custody in the Fayette County Probate-Juvenile Court (Judge Mary E. King, 110 East Court Street, 2nd Floor), using the court's juvenile custody forms with a parenting affidavit and, where support is at issue, the Ohio child-support worksheet. Because parents have a constitutional preference, you must show the parents are unsuitable or have relinquished care before the court can place the child with a non-parent. A new juvenile matter is a $100 deposit, and a fee waiver is available.

Non-parent custody in Fayette County, guided by Gavvl Law

When parents can't safely care for a child, a grandparent or relative can ask the Fayette County Probate-Juvenile Court under Judge Mary E. King for legal custody — but Ohio gives parents a strong constitutional preference, so you must first show the parents are unsuitable or have relinquished care. A new juvenile matter is a $100 deposit, and a fee waiver is available. Gavvl Law builds the unsuitability case, files the juvenile custody complaint, and works on a flat fee approved up front, with full representation for a contested hearing.

Meeting the unsuitability standard. A non-parent can't win custody just by being the better option; the court has to find the parents unsuitable or that they relinquished care before it even weighs best interest. We assemble that evidence and file the juvenile custody complaint with a parenting affidavit so your case clears the constitutional threshold first.
Custody and support in one case. Once a relative is granted custody, support often follows. Where support is at issue we add the Ohio child-support worksheet, and the Fayette County CSEA at (740) 335-0745 can help establish and collect it — so you are not forced to open a second case just to fund the child's care.
Fee waiver, mediation, and a flat fee. The $100 deposit can be waived with an Affidavit of Poverty, the Probate-Juvenile Court runs a mediation program under Local Rule 18 that may resolve placement by agreement, and our fee is one flat amount you approve before we begin, with payment plans available for a contested fight.

Non-parent custody belongs only in Fayette's 2nd-floor Probate-Juvenile Court at (740) 335-0640, not the Domestic Relations Division that hears divorce, so filing there with the correct juvenile forms is what keeps a kinship placement from stalling. We work that court regularly and prepare you for both the unsuitability showing and the best-interest decision that follows.

Flat-fee options

Flat-fee limited scope: we draft and file the grandparent companionship/visitation motion or a non-parent custody complaint. You appear at any hearing.

Grandparent companionship / visitation motion: $950
Non-parent custody complaint: $1,250

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 non-parent 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 — General & Domestic Relations Division

110 East Court Street, 3rd Floor, Washington Court House, OH 43160
Phone: (740) 335-4750
Hours: Monday–Friday
Website: Court website
e-Filing: Online e-filing portal

Juvenile Branch (Never-Married Parents)

Fayette County Probate-Juvenile Court
110 East Court Street, 2nd Floor, Washington Court House, OH 43160
Phone: (740) 335-0640
Hours: Monday–Friday

Grandparent & Non-Parent Custody is the right path if…

You are a grandparent or relative already caring for the child, or need to be.
The child's parents are unable or unsuitable to provide safe care.
You need legal authority for school, medical, and daily decisions.
You want a court order rather than an informal arrangement.

Filing Fees

Probate-Juvenile Court new-matter deposit $100 · fee waiver available with an Affidavit of Poverty · the Juvenile Division offers mediation (Local Rule 18) · confirm current amounts with the Probate-Juvenile Court at (740) 335-0640

Forms & Filing Packets

Non-parent custody case (Probate-Juvenile Court) — $100 deposit (Probate-Juvenile Court)

File the juvenile custody complaint with a parenting affidavit; be ready to show the parents are unsuitable or have relinquished care. A new matter is a $100 deposit.

Probate-Juvenile Court Page (Fayette County) — The combined Probate-Juvenile Court page (Judge Mary E. King, 2nd Floor, (740) 335-0640), where unmarried-parent custody, support, visitation, and parentage are filed; all new juvenile family matters are a $100 deposit.
Complaint for Allocation of Parental Rights & Responsibilities (Ohio SC Form 23) — Asks the Juvenile Branch to name a residential parent and legal custodian and set a parenting-time schedule when the parents were never married.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.
Juvenile Self-Help Custody Information (Fayette County) — Fayette County Probate-Juvenile Court self-help information for unmarried parents and non-parents seeking custody, parenting time, or support (Judge Mary E. King, 2nd Floor).

Add a support order

Where support is at issue, add the Ohio child-support worksheet; the CSEA, (740) 335-0745, can help establish and collect support once custody is set.

Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time you ask the court to set or change support.
Motion for Change of Child Support (Ohio SC Form 28) — The Ohio uniform motion to change child support, medical support, or the tax exemption after a change of circumstances. File in the division that issued the order.

How to File Grandparent & Non-Parent Custody in Fayette County

Confirm standing. Be ready to show you are caring for the child or that the parents are unsuitable or have relinquished care, given the constitutional preference for parents.
Prepare the complaint. Use the juvenile custody complaint and a parenting affidavit; add the Ohio child-support worksheet if support is at issue.
File and serve. File at the Probate-Juvenile Court, (740) 335-0640, pay the $100 deposit (or file for a waiver), and serve the parents.
Attend the hearing. The court decides custody based on the child's best interest after the unsuitability/relinquishment showing, and can set support.

Fayette County Practice Notes

Never-married parents file in the Probate-Juvenile Court. If the parents were never married, custody, parenting time, support, and parentage are decided by the separate combined Probate-Juvenile Court under Judge Mary E. King, 110 East Court Street, 2nd Floor, (740) 335-0640 — not the Domestic Relations Division. The Juvenile deposit for a new custody, support, visitation, or paternity matter is $100, not the Domestic Relations fee schedule.
Fayette County CSEA handles support administratively. The Fayette County Child Support Enforcement Agency, (740) 335-0745, can arrange genetic testing, open a IV-D case, set support under Ohio's guidelines, collect by income withholding, and review existing orders.
Court mediation runs through the Juvenile Division. The Probate-Juvenile Court runs a court mediation program (Local Rule 18) for visitation, agreed custody, and related issues, funded by the dispute-resolution fee in the filing deposit, and it is mandatory when the judge refers a case. The Domestic Relations / General Division does not offer mediation through the court — divorcing parents who want mediation arrange it privately.

Frequently Asked Questions

Can a grandparent or relative get custody in Fayette County?: Yes. A grandparent or other non-parent can file for legal custody in the Probate-Juvenile Court, but must show the child's parents are unsuitable or have relinquished care, because parents have a constitutional preference. A new juvenile matter is a $100 deposit, and a fee waiver is available.
Who hears custody if the parents were never married in Fayette County?: The Juvenile Division of the Fayette County Probate-Juvenile Court (Judge Mary E. King), at 110 East Court Street, 2nd Floor, (740) 335-0640 — not the Domestic Relations Division. The Juvenile Division handles unmarried-parent custody, support, visitation, parentage, and non-parent custody. New juvenile family matters are a $100 deposit.
How much does it cost to start a custody or paternity case in Fayette County?: In the Probate-Juvenile Court, all new custody, child-support, visitation, and paternity matters are a $100 deposit. A fee waiver is available with an Affidavit of Poverty. Confirm current amounts with the Probate-Juvenile Court at (740) 335-0640.
How do I get an emergency custody order in Fayette County?: When a child faces immediate risk, you can ask for emergency (ex parte) temporary orders — in the Domestic Relations case if it arises in a divorce/dissolution (Civ.R. 75(N)), or in the Probate-Juvenile Court if the parents were never married. Bring an affidavit describing the specific danger. The court can issue temporary orders quickly and set a prompt follow-up hearing. If there is violence or threats, a protection order (no petitioner filing fee) may be the better tool.

Free Local Resources in Fayette County

Fayette County Clerk of Courts (Domestic Relations). Current filing fees, deposit amounts, and case filing for divorce ($400), dissolution ($350), legal separation, annulment, and post-decree motions ($200). Clerk of Courts, 3rd Floor, 110 East Court Street, Washington Court House; (740) 335-6371; https://courts.fayette-co-oh.com/. Attorneys must e-file via Henschen (https://www.fayette-co-oh.com/341/eFiling-Henschen); pro se filers are exempt.
Fayette County Probate-Juvenile Court. Judge Mary E. King, 2nd Floor, (740) 335-0640. Handles never-married-parent custody, parenting time, support, and parentage, plus non-parent custody, and runs a mediation program (Local Rule 18). All new juvenile family matters are a $100 deposit. There is no e-filing. Self-help: https://www.fayette-co-oh.com/269/Juvenile-Court.
Fayette County Child Support Enforcement Agency (CSEA). Arranges genetic testing, opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, and reviews existing orders. Contact (740) 335-0745.
Prosecutor's Victim Witness Division. Fayette County directs people seeking a civil protection order to the Prosecutor's Victim Witness Division for help determining eligibility and preparing the petition. There is no filing fee for the person seeking protection.
Triple P (Positive Parenting Program) Online. Fayette County promotes Triple P Online as a free parent/caregiver resource: https://octf.ohio.gov/what-we-do/statewide-initiatives/triple-p-online. A parenting class is not a standard DR requirement, but the court may order one case by case.
Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.

Related to your non-parent custody case

Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
Adoption — Grow your family through step-parent, agency, or kinship adoption.
Child Support — Calculate, establish, or modify support under Ohio's guidelines.

Related guides

In-depth, attorney-written guides on non-parent custody and related Ohio family law topics.

Grandparents' Rights in Ohio: Visitation and Custody — Ohio grandparents can sometimes seek court-ordered companionship time or even custody — but only in specific circumstances and always under the best-interest standard. Here's how it works.
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.
Kinship Adoption in Ohio: Adopting a Relative's Child — When a child can't safely stay with their parents, relatives often step in. Kinship adoption gives that arrangement legal permanence. Here's how it works in Ohio — and how it differs from custody.

More Fayette County family-law resources

Ohio Grandparent / Non-Parent Custody guide — Statewide overview of grandparent / non-parent custody in Ohio.
Columbus family law — Local attorneys and courts serving the Columbus metro.
Fayette County family law guide — Court info, local filing notes, FAQs, and the downloadable Fayette County guide.
Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.

Call (844) 694-2885 or email support@gavvl.com.