Grandparent & Non-Parent Custody in Franklin County

How can a grandparent or non-parent get custody in Franklin County, Ohio?

File a Complaint for Custody by Non-Parent in the Franklin County Juvenile Branch at 399 South Front Street, Columbus. The court must find both parents are unsuitable under the In re Perales standard: contractual relinquishment of custody, abandonment, total inability to care for the child, or that placement with the parents would be detrimental. Best interest alone is not enough — unsuitability comes first. If both parents are deemed unsuitable, the court then applies the R.C. 3109.04(F) best-interest factors to decide where the child goes. Grandparents may also seek companionship (visitation) rights under R.C. 3109.11 / 3109.12 — a different and lower standard.

Where to File: Franklin County Court of Common Pleas, Division of Domestic Relations

Juvenile Branch (Never-Married Parents)

Franklin County Court of Common Pleas — Juvenile Branch
399 South Front Street, Columbus, OH 43215, Columbus, OH 43215
Phone: (614) 525-3902
Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.

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

• You are a grandparent, relative, or caregiver — not a parent — seeking legal custody.
• Both parents are unable, unwilling, or unsafe to parent (substance abuse, incarceration, abandonment, abuse).
• The child is already in your physical care, or you can provide safe placement immediately.
• You can document specific facts showing why each parent is unsuitable.

Filing Fees

Standard Juvenile filing deposit ~$100-$150 · Indigency waivers available

Forms & Filing Packets

How to File Grandparent / Non-Parent Custody in Franklin County

1. Confirm you have standing and venue. You must be a non-parent (grandparent, relative, caregiver), and the child must reside in Franklin County (or it must be the home state under the UCCJEA).
2. Document both parents' unsuitability with specific facts. Dated examples per parent: substance abuse, incarceration, abandonment, abuse, neglect, instability. Conclusions like "unfit" without facts will not survive a hearing.
3. File at the Juvenile Branch and serve both parents. Complaint for Custody by Non-Parent + Parenting Proceeding Affidavit (UCCJEA). Both parents must be served — the court will not proceed without proof of service or a default finding.
4. Consider Children Services coordination. If a Children Services case is open, the agency may support or oppose your motion. Talk to the caseworker before the hearing.
5. Attend the unsuitability hearing, then the best-interest hearing. First, the court decides whether both parents are unsuitable. Only if yes does the court move on to the best-interest analysis under R.C. 3109.04(F).

Franklin County Practice Notes

• In re Perales is the gate. Without an unsuitability finding for BOTH parents, the court cannot award custody to a non-parent — even if the child is thriving with you. The four Perales grounds: contractual relinquishment, abandonment, total inability to care, or detriment from placement with parents.
• Companionship vs custody. Grandparents have a separate path under R.C. 3109.11 (deceased parent) and R.C. 3109.12 (never-married parent or paternity-established cases) to seek companionship time. That doesn't transfer custody; it secures visitation.
• Children Services involvement. If Franklin County Children Services has an open case, they may seek temporary custody themselves and ask the court to place the child with a relative. Coordinate with the assigned caseworker.

Frequently Asked Questions

What are the residency requirements to file in Franklin County?

For divorce, legal separation, or annulment, you or your spouse must have been an Ohio resident for at least 6 months immediately before filing, and a Franklin County resident for at least 90 days. For dissolution, only the 6-month Ohio residency applies — there is no separate Franklin County residency requirement. For juvenile-branch cases (paternity, never-married custody, child support), Ohio must be the children's 'home state' under the UCCJEA, which generally means the children have lived in Ohio for the last 6 months.

How much does it cost to file in Franklin County DR?

Approximate deposits: divorce or legal separation $300 without children / $350 with children; dissolution $250 without children / $300 with children; annulment $300/$350. Juvenile Branch filings (paternity, never-married custody, child support, modifications) are typically $100-$150. Confirm current amounts with the Clerk at 373 South High Street (DR) or 399 South Front Street (Juvenile) before filing.

How long does the case usually take?

Dissolution: 30-90 days from filing to the final hearing. Uncontested divorce or legal separation: 4-6 months. Contested divorce: 6-18 months depending on temporary-orders activity and the Magistrate's calendar. Paternity: 60-120 days if uncontested, longer if genetic testing or contested allocation is involved. Civil Protection Orders: ex parte order the same day; full hearing within 7-10 days; final order can last up to 5 years.

Can I get custody as a grandparent or relative?

Yes, but the standard is high. Under In re Perales, a non-parent must prove both parents are unsuitable — through contractual relinquishment of custody, abandonment, total inability to care for the child, or that placement with the parents would be detrimental. Best interest alone is not enough. Grandparents may also seek companionship (visitation) rights under R.C. 3109.11 / 3109.12, which carries a different standard.

How do I know whether to file in DR or the Juvenile Branch?

If you are married to the other parent (or the parties were married when the children were born), custody, parenting time, and child support travel with the divorce / dissolution / legal separation / annulment in DR at 373 South High Street. If you were never married, paternity and custody go to the Juvenile Branch at 399 South Front Street. Grandparent / non-parent custody is always Juvenile. Civil Protection Orders against a current/former intimate partner or family member go to DR.

When will the court grant emergency (ex parte) custody?

Emergency ex parte temporary custody is granted only when a child faces immediate danger or risk of imminent harm — for example, substance abuse putting the child at risk, domestic violence, a parent's arrest with no caregiver, or an unsafe living situation. The supporting affidavit must show specific facts (not conclusions) and explain why notice to the other parent cannot wait. The court then sets a full hearing within 14 days.

Will my case be heard by a Judge or a Magistrate?

Most pretrial conferences, temporary-orders motions, and even contested final hearings in Franklin DR are heard by a Magistrate. The Magistrate issues a Magistrate's Decision; either party then has 14 days to file Objections, which are decided by the assigned Judge. Civil Protection Order full hearings are heard directly by the assigned Judge.

Free Local Resources in Franklin County

• Franklin County DR Self-Help Resource Center. 373 South High Street. Forms, computer terminals, limited procedural help. Cannot give legal advice. Mon–Fri during court hours.
• Legal Aid Society of Columbus. (614) 241-2001. Income-qualified family law representation and advice clinics across central Ohio.
• Columbus Bar Lawyer Referral Service. (614) 221-0754. Paid 30-minute consultation referrals to vetted Franklin County family-law attorneys.
• Franklin County CSEA (Child Support Enforcement Agency). (614) 525-3275. Opens IV-D cases and collects/distributes child support through wage withholding.
• Franklin County Juvenile Branch Help Center. 399 South Front Street. Procedural help for self-represented filers on never-married custody, paternity, and support cases.

Other Family-Law Topics in Franklin County

• Franklin County Divorce — Full filing guide with forms, fees, and the parenting class.
• Franklin County Dissolution — Cooperative path — both spouses agree first.
• Ohio Child Support Calculator — Run the 2024 Income Shares worksheet yourself.
• Ohio family-law resources — 88-county directory of courts and legal aid.

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.

Keep exploring

• 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.
• 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.