Grandparent & Non-Parent Custody in Fulton County
Reviewed by Stephanie Green, Esq. · Managing Partner, Gavvl Law · Last updated May 27, 2026
Fulton County, Ohio · Wauseon
When a child can't safely stay with a parent, a grandparent or other non-parent can step in. Fulton County handles these cases in the Juvenile Division at 210 S. Fulton Street in Wauseon (same courthouse and same judge, Hon. Scott Haselman, as the DR docket). Fulton publishes its own local House Bill 130 Grandparent Power of Attorney / Caretaker Affidavit and an Application for Custodian. One firm rule controls every one of these filings: the child's birth certificate must be filed at the same time — it is not optional. Since July 1, 2013, Fulton does not stock paper forms, and court staff cannot help you select or complete them.
How does a grandparent or non-parent get custody of a child in Fulton County, Ohio?
File in the Fulton County Juvenile Division at 210 S. Fulton Street, Wauseon. There are three Fulton paths depending on what you need. (1) Grandparent Power of Attorney / Caretaker Affidavit (Fulton's local HB 130 form at fultoncountyoh.com/DocumentCenter/View/1622) — lets a grandparent or caretaker handle the child's school, medical, and daily decisions without a full custody case. (2) Application for Custodian (Fulton's local form at fultoncountyoh.com/DocumentCenter/View/1621) — asks the court to name a non-parent as the child's legal custodian. (3) Complaint for Custody — a full Juvenile custody case where a non-parent must show the parents are unsuitable or have relinquished custody. The child's birth certificate must be filed at the same time as the POA/Caretaker Affidavit or the Application for Custodian — this is a firm requirement, and the Juvenile Division will not accept the filing without it. Download standardized forms from supremecourt.ohio.gov; Fulton does not stock paper forms. Filing fees are in Appendix B of the Local Rules — call (419) 337-9260 to confirm.
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: Fulton County Court of Common Pleas (General Division)
210 S. Fulton Street, Wauseon, OH 43567, Wauseon, OH 43567Phone: (419) 337-9260
Hours: Monday-Friday 8:30 AM - 4:30 PM
Website: www.fultoncountyoh.com/231/Records-Search
Juvenile Branch (Never-Married Parents)
Fulton County Juvenile Division
210 S. Fulton Street, Wauseon, OH 43567, Wauseon, OH 43567
Phone: (419) 337-9260
Hours: Monday-Friday 8:30 AM - 4:30 PM
Grandparent & Non-Parent Custody is the right path if…
- You are a grandparent or other relative caring for a child whose parents cannot safely care for them.
- You need legal authority to enroll the child in school or approve medical care right now.
- The parents are unsuitable, absent, or have relinquished custody of the child.
- You can provide the child's birth certificate to file with the court at the same time.
If you are the child's parent and were never married to the other parent, file a custody case instead. See Fulton County custody.
Filing Fees
Filing fees in Appendix B — call (419) 337-9260 · Child's birth certificate REQUIRED at filing for POA / Caretaker Affidavit and Application for Custodian (firm rule) · Juvenile Division only · No paper forms at courthouse · Court staff cannot help with forms
Forms & Filing Packets
Grandparent Power of Attorney / Caretaker Affidavit (day-to-day authority)
Fulton's local HB 130 form. Lets a grandparent or caretaker handle the child's school, medical, and daily needs. File the child's birth certificate at the same time — firm requirement.
- Grandparent Power of Attorney / Caretaker Affidavit (HB 130 POA/CAA, Fulton local) — Fulton's local House Bill 130 form letting a grandparent (POA) or other caretaker (Caretaker Affidavit) handle a child's school, medical, and day-to-day decisions. The child's birth certificate must be filed at the same time — this is a firm requirement. Tip: File the child's birth certificate together with this form, or Fulton Juvenile will not accept it.
Application for Custodian (legal custody to a non-parent)
Fulton's local form asking the Juvenile Division to name a non-parent as the child's legal custodian. File the child's birth certificate at the same time — firm requirement.
- Application for Custodian (Fulton local) — Fulton's local form asking the Juvenile Division to name a non-parent as the child's legal custodian. The child's birth certificate must be filed at the same time — this is a firm requirement. Tip: File the child's birth certificate together with this form, or Fulton Juvenile will not accept it.
Complaint for Custody (contested non-parent custody)
A full Juvenile custody case. A non-parent must plead facts showing the parents are unsuitable or have relinquished custody. Add the UCCJEA affidavit.
- Complaint for Custody / Allocation of Parental Rights (Ohio SC Juvenile Form) — Opens a custody case in the Fulton County Juvenile Division. A non-parent must plead facts showing the parents are unsuitable or have relinquished custody.
- 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.
How to File Grandparent & Non-Parent Custody in Fulton County
- Decide what authority you need. Day-to-day school and medical authority → Grandparent POA / Caretaker Affidavit. Full legal custody → Application for Custodian or a Complaint for Custody.
- Get a certified copy of the child's birth certificate. Fulton Juvenile requires the birth certificate to be filed at the same time as the POA / Caretaker Affidavit or the Application for Custodian. Without it, the filing will be rejected.
- Download the right forms. Fulton's local Grandparent POA / Caretaker Affidavit (fultoncountyoh.com/DocumentCenter/View/1622) or Application for Custodian (fultoncountyoh.com/DocumentCenter/View/1621). For a contested case, download the Ohio SC Juvenile custody complaint and Affidavit 3 (UCCJEA).
- File at the Juvenile Division in Wauseon. 210 S. Fulton Street, Wauseon. File the birth certificate together with your forms. Pay the filing fee from Appendix B (call (419) 337-9260 to confirm) or file an Affidavit of Indigency.
- Attend the hearing. The case is heard by Hon. Scott Haselman. Bring evidence about the parents' situation and your ability to care for the child. The court decides based on the child's best interest.
Fulton County Practice Notes
- Birth certificate is a firm requirement. Fulton Juvenile will not accept a Grandparent Power of Attorney / Caretaker Affidavit or an Application for Custodian unless the child's birth certificate is filed at the same time. Get a certified copy before you go to the courthouse.
- POA / Caretaker Affidavit vs. legal custody. The HB 130 Grandparent POA / Caretaker Affidavit gives day-to-day authority (school, medical) without changing legal custody. To actually become the child's legal custodian, file the Application for Custodian or a Complaint for Custody instead.
- Non-parents face a higher bar. To win custody against a parent, a non-parent generally must show the parents are unsuitable or have relinquished custody — Ohio law presumes a fit parent should have custody. A cooperative case where the parents consent is far simpler.
- Juvenile Division only. Grandparent and non-parent custody is filed in the Fulton County Juvenile Division at 210 S. Fulton Street, Wauseon — not the DR docket. Juvenile forms are at fultoncountyoh.com/650/Juvenile-Court-Forms.
- No paper forms at the courthouse. Since July 1, 2013, Fulton does not stock paper Juvenile forms, and court staff cannot help you pick or complete them. Download standardized forms from supremecourt.ohio.gov.
Frequently Asked Questions
- Why do I need a birth certificate for a Grandparent Power of Attorney filing?
- Fulton Juvenile requires the child's birth certificate to be filed at the same time as any Grandparent Power of Attorney / Caretaker Affidavit or Application for Custodian. This is a firm requirement — without it, the Juvenile Division will not accept the filing.
- When do I file in Fulton Juvenile Division instead of Common Pleas?
- If the parents were never married, custody, parenting time, child support, and paternity are filed in the Fulton County Juvenile Division (same courthouse, same judge). If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in the General Division. Heads-up: Juvenile requires a child's birth certificate at filing for Grandparent POA/Caretaker Affidavit and Application for Custodian filings — not optional.
- Why doesn't the courthouse have paper forms?
- Since July 1, 2013, the Fulton County Court of Common Pleas does not provide paper domestic-relations forms at the courthouse. All standardized forms are free on the Ohio Supreme Court website at supremecourt.ohio.gov. The court's staff also cannot help you choose or fill out the right forms — if you need help, consult an attorney.
- Does Fulton County have a separate Domestic Relations Court?
- No. Fulton County does not have a separate DR Court. All family-law cases — divorce, dissolution, legal separation, annulment, post-decree motions — are heard in the General Division of the Court of Common Pleas by Hon. Scott Haselman, who also handles civil and criminal cases. Cases involving never-married parents go to the Juvenile Division (same judge).
- How much does it cost to file in Fulton County?
- Fulton publishes its full fee schedule in Appendix B of the Local Rules at fultoncountyoh.com/DocumentCenter/View/13191. Call the Clerk of Courts at (419) 337-9260 to confirm the current fee for your specific case type before filing. An Affidavit of Indigency is available to waive fees for qualifying low-income filers.
Free Local Resources in Fulton County
- Fulton County Court of Common Pleas. 210 S. Fulton Street, Wauseon, OH 43567. Phone (419) 337-9260 · Fax (419) 337-9293. Hon. Scott Haselman presides — handles DR, civil, and criminal cases.
- Fulton County Local Rules (rev. 1/26/2024). fultoncountyoh.com/DocumentCenter/View/13192 — includes Appendix B fee schedule.
- Fulton County Court Fee Schedule (Appendix B). fultoncountyoh.com/DocumentCenter/View/13191/appendix-b — confirm current amount with Clerk before filing.
- Fulton County Local Forms Page. fultoncountyoh.com/235/Forms — Court Orders 1-8, Pretrial Order, Settlement Conference Notice, and Parenting Schedules A/A-1/B/C.
- Local Child Support Worksheet. fultoncountyoh.com/DocumentCenter/View/250 — used alongside the Ohio Child Support Calculator output.
- Fulton County Juvenile Division. Same courthouse, same judge. Forms at fultoncountyoh.com/650/Juvenile-Court-Forms. Birth certificate required at filing for Grandparent POA / Caretaker Affidavit and Application for Custodian filings.
- Juvenile Local Rules (2021). fultoncountyoh.com/DocumentCenter/View/13596 — covers juvenile filing requirements.
- Online Dockets / Records Search. fultoncountyoh.com/231/Records-Search
- The Center for Child & Family Advocacy (CPO help). (419) 335-4255 · theccfa.org — free Civil Protection Order assistance.
- Legal Aid Hotline. (888) 534-1432 · legalaidline.lawolaw.org — free phone-based legal advice for income-qualified residents.
- Ohio Supreme Court Standardized DR & Juvenile Forms. supremecourt.ohio.gov — Fulton does not provide paper forms; download everything here.
- 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 Fulton County
- Fulton County Dissolution — Joint petition. Same courthouse as divorce. Hearing 30-90 days after filing.
- Fulton County Divorce — Common Pleas General Division (Hon. Scott Haselman). 42-day waiting period. No paper forms at courthouse.
- Fulton County Divorce With Children — Add Parenting Proceeding Affidavit, Health Insurance Affidavit, both child-support worksheets, and a Fulton Parenting Schedule (A, A-1, B, or C).
- Fulton County Legal Separation — Same mandatory initial pleadings as divorce. Fulton does not publish a separate form — use the Ohio SC Complaint with the caption changed.
- Fulton County Annulment — Limited R.C. 3105.31 grounds. Use the Ohio SC divorce Complaint with the caption changed.
- Fulton County Post-Decree Modifications — Ohio SC Forms 26, 27, and 28 filed with the General Division.
- Fulton County Post-Decree Contempt — Ohio SC Forms 24 and 25 filed with the General Division.
Related to your grandparent / 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.
- Dayton family law — Local attorneys and courts serving the Dayton metro.
- Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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Call (844) 694-2885 or email support@gavvl.com.