Grandparent & Non-Parent Custody in Hardin County

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

Hardin County, Ohio · Kenton

When parents can't safely care for a child, a grandparent or other relative can seek legal custody. In Hardin County these cases are filed on the juvenile track in the Domestic Relations Division. Because parents have constitutional rights, a non-parent usually must first show the parents are unsuitable before the court reaches the best-interest analysis.

How can a grandparent or relative get custody in Hardin County, Ohio?

File a complaint for legal custody on the juvenile track in the Domestic Relations Division through the Clerk, using the Complaint for Allocation of Parental Rights (Form 23) with the Parenting Proceeding (UCCJEA) affidavit. A non-parent generally must show the parents are unsuitable under R.C. 2151.23(A)(2) (unfit, abandoned the child, contractually relinquished custody, or that parental custody would harm the child) before the court applies the best-interest standard. The juvenile complaint deposit is $300 (Juv Rule 28). For decisions short of full custody, a Custody Power of Attorney or Caretaker Authorization Affidavit (R.C. 3109.51–3109.80) may be enough.

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: Hardin County Court of Common Pleas, Domestic Relations Division

One Courthouse Square, Suite 210, Kenton, OH 43326
Phone: (419) 674-2233
Hours: Monday–Friday (confirm current hours with the Clerk)
Website: hardincountyjuvenilecourt.com/

Juvenile Branch (Never-Married Parents)

Hardin County Court of Common Pleas, Domestic Relations Division (juvenile, parentage & never-married matters)
One Courthouse Square, Suite 210, Kenton, OH 43326
Phone: (419) 674-2233
Hours: Monday–Friday (confirm current hours with the Clerk)

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

You're a grandparent or other relative raising or stepping in for a child.
The parents are unable to safely care for the child.
You can show parental unsuitability under R.C. 2151.23(A)(2).
You need enforceable legal authority for school, medical, and daily decisions.

Filing Fees

$300 juvenile legal-custody complaint deposit (Juv Rule 28) · Custody POA / Caretaker Affidavit for decisions short of custody · GAL motion $350 (includes $250 GAL) · confirm current amounts with the Clerk at (419) 674-2278

Forms & Filing Packets

Legal custody complaint (juvenile track) — $300 juvenile complaint deposit (Juv Rule 28)

File the Complaint for Allocation of Parental Rights (Form 23) on the juvenile track with the Parenting Proceeding (UCCJEA) affidavit, showing parental unsuitability under R.C. 2151.23(A)(2). The complaint deposit is $300 (Juv Rule 28).

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 / UCCJEA Affidavit (Hardin County) — Required in any case involving minor children. Lists where each child has lived for the last 5 years and with whom, confirming Ohio's UCCJEA jurisdiction over custody (R.C. 3127.23).

Custody POA / Caretaker Authorization Affidavit

For school and medical decisions short of full custody, use Ohio's Custody Power of Attorney or Caretaker Authorization Affidavit (R.C. 3109.51–3109.80). Hardin County Children Services, (419) 675-1130, can connect kinship caregivers with support.

Ohio Uniform Domestic Relations / Juvenile Forms (Ohio Supreme Court) — GD Rule 35 directs Hardin County filers to the Ohio Supreme Court Uniform standardized forms for the complaint/petition, separation agreement, parenting plan, decree, and child-support worksheet. Download the statewide forms here.

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

Decide what you need. Full legal custody requires a juvenile-track complaint; for school/medical decisions only, a Custody POA or Caretaker Authorization Affidavit may suffice.
Prepare the complaint. Use the Complaint for Allocation of Parental Rights (Form 23) with the Parenting Proceeding (UCCJEA) affidavit, and be ready to show parental unsuitability (R.C. 2151.23(A)(2)).
File with the deposit. File on the juvenile track in the Domestic Relations Division through the Clerk and pay the $300 deposit, or file an Affidavit of Indigency.
Attend the hearing. The court first considers parental suitability, then the children's best interest; a GAL may be appointed in contested cases.

Hardin County Practice Notes

Non-parents must usually show parental unsuitability first. Because parents have a constitutionally protected interest in their children, a non-parent seeking legal custody under R.C. 2151.23(A)(2) generally must show the parents are unsuitable (unfit, abandoned the child, contractually relinquished custody, or that parental custody would harm the child) before the court reaches the best-interest analysis. The case is filed on the juvenile track in the Domestic Relations Division. Legal custody leaves residual parental rights intact and is less permanent than adoption.
Kinship caregivers: Custody POA and Caretaker Affidavit. For school and medical decisions short of full legal custody, Ohio's Custody Power of Attorney and Caretaker Authorization Affidavit (R.C. 3109.51–3109.80) let a relative caregiver act for a child. Hardin County Children Services, (419) 675-1130, can connect kinship caregivers with support. For longer-term arrangements, legal custody filed on the juvenile track in the Domestic Relations Division is the usual route.
Juvenile / parentage deposits (Juv Rule 28). Never-married parentage, custody, and non-parent custody cases follow the juvenile fee schedule, not the divorce schedule: a complaint is $300, a post-judgment motion is $150, and a motion needing a Guardian ad Litem is $350 (which includes the $250 GAL deposit). Add $25 for each additional defendant; service by publication is $175. An Affidavit of Indigency can waive prepayment.
Guardian ad Litem in contested cases. In a contested case the court can appoint a Guardian ad Litem (GAL) — a court-appointed attorney who investigates and files a written report recommending the children's best interest before the merit hearing. In a Domestic Relations case the GAL adds a $500 deposit; on the juvenile track a GAL motion is $350 (including a $250 GAL deposit). The GAL complies with Sup. R. 48, and fees are typically allocated between the parents.

Frequently Asked Questions

I'm a grandparent raising my grandchild in Hardin County — how do I get legal authority?: You can file for legal custody on the juvenile track in the Domestic Relations Division (generally showing the parents are unsuitable under R.C. 2151.23(A)(2)), or — for school and medical decisions short of full custody — use a Custody Power of Attorney or Caretaker Authorization Affidavit (R.C. 3109.51–3109.80). The juvenile complaint deposit is $300 (Juv Rule 28). Hardin County Children Services, (419) 675-1130, can connect kinship caregivers with support. Legal custody leaves the parents' residual rights intact and is less permanent than adoption.
What does it cost to file a custody or parentage case for never-married parents in Hardin County?: Never-married parentage and custody cases follow the juvenile fee schedule (Juv Rule 28), not the divorce schedule: the complaint deposit is $300, a post-judgment motion is $150, and a motion that needs a Guardian ad Litem is $350 (which includes the $250 GAL deposit). Add $25 for each additional defendant, and service by publication is $175. An Affidavit of Indigency can waive prepayment. Confirm current amounts with the Clerk at (419) 674-2278.
When does Hardin County appoint a Guardian ad Litem?: In a contested custody case the court can appoint a Guardian ad Litem (GAL) — a court-appointed attorney who investigates and files a written report recommending what is in the children's best interest before the merit hearing. In a Domestic Relations case the GAL adds a $500 deposit; on the juvenile track a motion needing a GAL is $350 (which includes a $250 GAL deposit). The GAL complies with Sup. R. 48, and GAL fees are typically allocated between the parents.
Which court handles divorce, custody, and support in Hardin County?: One court hears all of it: the Court of Common Pleas, Hardin County, Domestic Relations Division, One Courthouse Square, Suite 210, Kenton, (419) 674-2233 (Judge Maria Santo). The same Domestic Relations Division hears divorce, dissolution, legal separation, and annulment for married spouses AND parentage, never-married custody, and civil protection orders — there is no separate juvenile court in Hardin County. Only adoptions and guardianships go to the separate Probate Court (Judge Steve Christopher). Petitions are filed through the Clerk of Courts, Suite 310, (419) 674-2278.

Free Local Resources in Hardin County

Hardin County Clerk of Courts (record custodian). One Courthouse Square, Suite 310 (3rd floor), Kenton, OH 43326; (419) 674-2278 (fax (419) 674-2273). The Clerk is the record custodian for Common Pleas filings, posts local forms at https://www.hardincourts.com/CLSite/forms.php, and confirms current deposits and copy counts. E-filing is available through https://efile.henschen.com/; fax filings to (419) 674-2273 must be 10 pages or fewer with a compliant cover page. Court costs can be paid online at https://www.hardincourts.com/CLSite/payment.php.
Hardin County Court of Common Pleas — Domestic Relations Division. One Courthouse Square, Suite 210 (2nd floor), Kenton, OH 43326; (419) 674-2233 (https://hardincountyjuvenilecourt.com/). Created January 1, 2023 (R.C. 2301.03(FF)(1)) and led by Judge Maria Santo, this single Domestic Relations Division hears divorce, dissolution, legal separation, and annulment AND juvenile, parentage, never-married custody, and civil protection-order cases — there is no separate Juvenile Court in Hardin County.
Hardin County Child Support Enforcement Agency (CSEA). 175 W. Franklin St., Suite 200, Kenton, OH 43326; (419) 674-2269. The county IV-D agency establishes, modifies, collects, and enforces child support. Open a IV-D case to set up automatic wage withholding and enforcement.
Hardin County Job & Family Services — Children Services Agency. (419) 675-1130 (after hours (419) 673-1268; or (800) 442-7346). The county children-services agency investigates child abuse, neglect, and dependency. For an emergency call 911; the statewide child-abuse hotline is 855-642-4453 (855-OH-CHILD).
Successful Co-Parenting (parenting-education class). Hardin County's required parenting/co-parenting education is provided through OSU Extension's "Successful Co-Parenting" program — $30 per participant, offered in person and/or online. Registration is required; call (419) 674-2297 for current Hardin County dates before relying on it for a specific case.
Hardin County Probate Court (adoption & guardianship). One Courthouse Square, Suite 200, Kenton, OH 43326; (419) 674-2230. The separate Probate Court — not the Domestic Relations Division — handles stepparent and kinship adoptions ($200, plus $100 for publication if required) and guardianships; the Probate Court requires that you have an attorney for an adoption. It does not handle divorce or custody.
Legal Aid of Western Ohio. (888) 534-1432. Free civil legal help for income-eligible Hardin County residents, including some family-law matters. The Ohio Supreme Court also posts statewide self-help forms for self-represented litigants.

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.

Keep exploring

Ohio Grandparent / Non-Parent Custody guide — Statewide overview of grandparent / non-parent custody in Ohio.
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