Modifying Orders in Fayette County
Reviewed by Stephanie Green, Esq. · Managing Partner, Gavvl Law · Last updated June 9, 2026
Fayette County, Ohio · Washington Court House
After a divorce or dissolution is final, either party can return to court to request changes to child support, custody, parenting time, or spousal support. In Fayette County, you file a post-decree motion using the county's Post-Decree Motion Checklist along with the applicable Ohio Supreme Court standardized motion forms, before the Honorable David B. Bender.
How do I modify a custody or support order in Fayette County?
Use the Fayette County Post-Decree Motion Checklist together with the applicable Ohio Supreme Court standardized motion forms. After a divorce or dissolution is final, either party can return to court to request changes to child support, custody, parenting time, or spousal support. File your motion with the Clerk of Courts on the 3rd floor at 110 East Court Street, Washington Court House, or eFile through Henschen. The filing fee is set by the Clerk (call (740) 335-6371), and an Affidavit of Indigency fee waiver is available. For a support change, include an updated Ohio Child Support Worksheet.
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, 1st Floor, Washington Court House, OH 43160, Washington Court House, OH 43160Phone: (740) 333-3501
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.
Website: www.fayette-co-oh.com/268/Domestic-Relations-Court
e-Filing: https://www.fayette-co-oh.com/341/eFiling-Henschen
Juvenile Branch (Never-Married Parents)
Fayette County Juvenile Court
Fayette County Courthouse, 110 East Court Street, Washington Court House, OH 43160, Washington Court House, OH 43160
Phone: (740) 333-3501
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.
Post-Decree Modifications is the right path if…
- There is already a final Fayette County custody, parenting-time, or support order.
- Something significant has changed since that order was entered.
- You want to change custody, the parenting schedule, child support, or spousal support.
- You can complete the Post-Decree Motion Checklist and the standardized motion forms.
Filing Fees
Motion filing fee set by the Fayette County Clerk of Courts — call (740) 335-6371. An Affidavit of Indigency (fee waiver) is available under Ohio Civ.R. 3(E). Pay online through BridgePayment.
Forms & Filing Packets
File a post-decree motion — Fee set by the Clerk — call (740) 335-6371; Affidavit of Indigency waiver available
Use the county checklist plus the applicable Ohio Supreme Court standardized motion forms for what you are changing.
- Fayette County Post-Decree Motion Checklist — Fayette County's pro se checklist for post-decree motions — start here to see exactly what your motion needs.
- Ohio Supreme Court Standardized Motion Forms — The statewide standardized motion forms the checklist references for changing custody, parenting time, or support.
- Ohio Child Support Computation Worksheet — Include an updated worksheet whenever you are asking the court to change a child-support amount.
- Parenting Proceeding Affidavit (Ohio SC Affidavit 3) — Filed with a motion to change custody or parenting time to confirm the court's jurisdiction over the children.
How to File Post-Decree Modifications in Fayette County
- Identify what changed. Pin down what has changed since the last order — income, a relocation, the children's needs, or the parenting schedule.
- Complete the checklist and motion forms. Use the Fayette County Post-Decree Motion Checklist with the applicable Ohio Supreme Court standardized motion forms, and add an updated Child Support Worksheet for support changes.
- File with the Clerk or eFile through Henschen. File your motion with the Clerk of Courts on the 3rd floor at 110 East Court Street, or eFile through Henschen, and serve the other party. Pay the fee set by the Clerk or file an Affidavit of Indigency.
- Attend the hearing. Present your evidence to the court, which applies the correct legal standard before changing the order.
Fayette County Practice Notes
- Start with the Post-Decree Motion Checklist. Fayette County's pro se Post-Decree Motion Checklist lists what your motion needs and which Ohio Supreme Court standardized forms apply. Using it is the most reliable way to avoid a motion being returned.
- Mediation may be available. For parenting disputes, the Juvenile Court offers mediation under Local Rule 18, which can help parents reach agreement without a contested hearing.
Frequently Asked Questions
- How much does it cost to file a family law case in Fayette County?
- The Fayette County Clerk of Courts publishes a Fee Schedule (PDF) on the Clerk's website rather than a single flat number — call the Clerk at (740) 335-6371 for the current amount for your case type 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). All three court divisions accept payment online through the BridgePayment portal.
- Where do I file in Fayette County?
- Domestic Relations cases (divorce, dissolution, legal separation, annulment, post-decree motions, and protection orders) run through the Domestic Relations Division on the 1st floor of the Fayette County Courthouse, 110 East Court Street, Washington Court House. You file your paperwork with the Clerk of Courts on the 3rd floor of the same building, or eFile through the Henschen system. Custody, support, and paternity for never-married parents are filed in the Juvenile Court at the same address.
- Can I eFile in Fayette County?
- Yes. Fayette County accepts electronic filing through the Henschen eFiling system, and separate instructions are available for attorneys and for pro se (self-represented) litigants on the Clerk of Courts page. You can also file in person with the Clerk of Courts on the 3rd floor of the courthouse at 110 East Court Street.
- 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.
- Who decides family law cases in Fayette County?
- The Honorable David B. Bender presides over all divisions of the Fayette County Court of Common Pleas — General, Domestic Relations, and Juvenile. Having one judge across every division is common in smaller Ohio counties and means scheduling, local rules, and court culture stay very consistent from one case type to the next.
- Does Fayette County offer mediation for family cases?
- Yes. The Fayette County Juvenile Court provides mediation under Local Rule 18, and also offers diversion services and a probation department for juvenile matters. Mediation can help parents reach agreement on parenting time and other issues without a contested hearing.
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.
Other Family-Law Topics in Fayette County
- Fayette County Divorce — Grounds, the Divorce Checklist, and the Complaint forms filed in the Domestic Relations Division.
- Fayette County Dissolution — The both-spouses-agree path with a 30–90 day hearing before Judge Bender.
- Fayette County Legal Separation — Divide property and set support while staying legally married — same pleadings as divorce.
- Fayette County Custody — Married parents file inside a divorce; never-married parents file in Juvenile Court.
- Fayette County Modifications — Change a custody, parenting-time, or support order with the Post-Decree Motion Checklist.
- Fayette County Contempt — Enforce an order with a Motion for Contempt (Form 24) and Show Cause Order (Form 25).
- Fayette County Protection Orders — The DR Court hears CPO and CSPO petitions; the Victim Witness office can help.
Related to your modifications case
- Child Support — Calculate, establish, or modify support under Ohio's guidelines.
- Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
- Spousal Support — Pursue or respond to alimony requests during and after divorce.
Keep exploring
- Ohio Post-Decree Modifications guide — Statewide overview of post-decree modifications 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.
Call (844) 694-2885 or email support@gavvl.com.
