Child Custody in Henry County

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

Henry County, Ohio · Napoleon

In Ohio, custody means naming a residential parent and legal custodian, or shared parenting under a written plan — the state does not use 'joint,' 'sole,' or 'primary custody.' In Henry County, married parents decide custody inside their divorce or dissolution (Domestic Relations Division), and never-married parents file in the Juvenile Division. The court decides on the child's best interest (R.C. 3109.04).

How does child custody work in Henry County, Ohio?

Married or divorcing parents decide custody, parenting time, and child support inside the Domestic Relations divorce or dissolution; never-married parents file a parentage/allocation case in the Juvenile Division (4th floor, (419) 599-5951). The court designates a residential parent and legal custodian, or adopts shared parenting under a written plan, based on the R.C. 3109.04 best-interest factors. If parents don't agree on a schedule, the court uses the Schedule A/B and Appendix A parenting-time guidelines. A GAL or CASA may be appointed in a contested case, and the A-OK parenting class is required within 75 days.

Henry County custody: one flat fee, no hourly surprises

Traditional firms bill custody by the hour, and the final total is anyone's guess. We do it differently for Henry County families: one flat fee, quoted up front, with financing available and full representation on the table when it's warranted. Napoleon court contacts, required forms, and local fee details for Henry County are all covered further down this page.

One flat fee, agreed up front. Every custody engagement starts with a fixed quote you sign off on. Calls, emails, and questions never add to the bill.
Payments that fit your budget. You don't need the full custody fee saved up: choose a payment plan or financing and get moving on your case today.
Why Henry County families choose us. A flat fee keeps us focused on finishing your custody case, not billing more hours. Our licensed Ohio attorneys handle matters across Henry County and the whole state.

Flat-fee options

Flat-fee limited scope: we draft and file the custody complaint or motion; you appear at any hearing.

Establish custody: $1,250
Modify custody: $1,450

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 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: Henry County Family Court (Court of Common Pleas, Domestic Relations Division)

660 N. Perry St., Suite 401, Napoleon, OH 43545
Phone: (419) 599-5951
Hours: Monday–Friday (confirm current hours with the Clerk)
Website: Court website

Juvenile Branch (Never-Married Parents)

Henry County Family Court (Juvenile Division)
660 N. Perry St., Suite 401, Napoleon, OH 43545
Phone: (419) 599-5951
Hours: Monday–Friday (confirm current hours with the Clerk)

Child Custody is the right path if…

You need a first custody and parenting-time order, or to change one.
You and the other parent can't agree on a residential parent or schedule.
You were never married to the other parent and need to start a case.
You want the court to apply the R.C. 3109.04 best-interest factors.

Filing Fees

Custody inside a divorce/dissolution: part of the case deposit (Domestic Relations) · never-married custody: $200 juvenile deposit · GAL $1,000 / CASA $150 in contested cases · confirm current amounts at (419) 599-5951

Forms & Filing Packets

Custody inside a divorce or dissolution (married parents)

Filed in the Domestic Relations Division. When parents are married, custody, parenting time, and child support are decided inside the divorce or dissolution — there is no separate custody case.

Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
Parenting Plan (Ohio SC Form 21) — Used when one parent will be designated residential parent and legal custodian.

Custody in the Juvenile Division (never-married parents) — $200 juvenile deposit

Filed in the Juvenile Division. Paternity must be established before the court can allocate custody; file the parentage/allocation complaint with the DR-3 affidavit and the support worksheet.

Ohio Uniform Domestic Relations / Juvenile Forms (DR-1 – DR-4) — Henry County's Family Court uses the Ohio Supreme Court Uniform standardized forms (its four-county local rules label them DR-1 through DR-4 = Affidavits 1–4); it does not publish a separate county DR forms set. Download the complaint/petition, affidavits, separation agreement, parenting plan, and decree here.
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.
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.

How to File Child Custody in Henry County

Pick the right division. Married or divorcing parents file in the Domestic Relations Division; never-married parents file in the Juvenile Division. Non-parent custody is always Juvenile.
Confirm UCCJEA home state. The children must have lived in Ohio for at least the prior 6 months (or qualify under a UCCJEA exception); the DR-3 (Parenting Proceeding) affidavit swears to those facts.
Assemble your forms packet. Married parents: the divorce/dissolution packet plus the DR-3 affidavit and support worksheet (add a Shared Parenting Plan if seeking shared parenting). Never-married parents: the Juvenile complaint, DR-3 affidavit, and support worksheet.
File and complete the class. File with the correct division (confirm the deposit), arrange service, and complete the A-OK parenting class within 75 days.
Attend the hearing. The court holds a pretrial first, then a merit hearing if the case does not settle, applying the R.C. 3109.04 best-interest factors (with a GAL report if one is appointed).

Henry County Practice Notes

Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.
Guardian ad Litem in contested cases. In a contested custody case, the court can appoint a Guardian ad Litem — a court-appointed attorney — to investigate and recommend a parenting plan in the child's best interest. The GAL does not represent the child's wishes; the GAL represents what is best for the child. GAL fees are typically allocated between the parents.
Parenting-time guidelines (Schedules A/B + Appendix A). Parents are encouraged to build their own plan. If they don't agree, the court uses the Age-Appropriate Parenting Access Plans (Appendix A) plus Schedule A (travel under 150 miles one way) or Schedule B (over 150 miles) as the minimum parenting time (Local Rule 10.02). Adopting Schedule A or B satisfies the 90-overnight threshold for the parenting-time child-support deviation.
Mandatory parenting education (A-OK + What About Me). In any case involving the allocation of parental rights, all parties must complete the 'Assisting Our Kids' (A-OK) program within 75 days of filing (Local Rule 11.01) — the class cost is paid from the court-cost deposit, and online attendance at assistingourkids.com may be allowed for hardship (with a $10 fee for an unexcused absence). If a child is age 5–17, the 'What About Me' program is also mandatory (the $30-per-child add-on). Missing A-OK can make a parent ineligible for an allocation of parental rights, and if no party completes it the case can be dismissed.
Henry County's combined Family Court. Henry County has a combined Family Court (Judge Melissa Peper Firestone; Magistrate Steve Callejas) at 660 N. Perry St., Suite 401, Napoleon, (419) 599-5951. The Domestic Relations Division (3rd floor) hears divorce, dissolution, legal separation, and annulment; the Juvenile Division (4th floor) hears parentage, custody, and support for never-married parents. Adoptions, name changes, and marriage licenses are handled by the separate Probate Division (Judge Amy C. Rosebrook, Suite 203, (419) 592-7771).

Frequently Asked Questions

Do unmarried parents file custody in the Domestic Relations or Juvenile Division in Henry County?: If you are or were married to the other parent, custody, parenting time, and child support are decided inside your divorce or dissolution in the Domestic Relations Division (3rd floor). If you were never married, parentage and custody are handled by the Juvenile Division (4th floor) of the same Family Court. Grandparent and other non-parent custody requests are always filed in the Juvenile Division.
What does it cost to file a custody or parentage case in the Henry County Juvenile Division?: A privately filed parentage, allocation-of-parental-rights, or parenting-time case carries a $200 deposit. A Guardian ad Litem appointment is $1,000 and a CASA appointment is $150; a court evaluation is $100; a motion to re-open a juvenile case is $150. A poverty affidavit can waive prepayment. Confirm current amounts on the court-costs page or at (419) 599-5951.
When does Henry County appoint a Guardian ad Litem?: In a contested case the court can appoint a Guardian ad Litem (GAL) — an attorney, a trained mental-health professional, or a qualified CASA volunteer — by Court Order #2 to protect the child's best interest. The GAL deposit is $1,000 (CASA $150). The GAL must comply with Sup. R. 48, interviews each party separately, and files a report at least 7 days before the final hearing. The GAL report is confidential — further disclosure (including on social media) without court approval risks contempt.
What is the standard parenting-time schedule in Henry County?: There isn't one fixed schedule — parents are encouraged to build their own plan. If they don't agree, the court uses the Age-Appropriate Parenting Access Plans (Appendix A) plus Schedule A (travel under 150 miles one way) or Schedule B (over 150 miles) as the minimum (Local Rule 10.02). Adopting Schedule A or B satisfies the 90-overnight threshold for the parenting-time child-support deviation.
Which court handles divorce, custody, and support in Henry County?: The Henry County Family Court at 660 N. Perry St., Suite 401, Napoleon, (419) 599-5951 — a combined court under Judge Melissa Peper Firestone (Magistrate Steve Callejas). Its Domestic Relations Division (3rd floor) hears divorce, dissolution, legal separation, and annulment for married spouses; its Juvenile Division (4th floor) hears parentage, custody, and support for never-married parents. Adoptions, name changes, and marriage licenses are handled by the separate Probate Division (Judge Amy C. Rosebrook, Suite 203, (419) 592-7771).

Free Local Resources in Henry County

Henry County Clerk of Courts (record custodian). 660 N. Perry St., Suite 302, Napoleon, OH 43545; (419) 592-5886. The Clerk is the record custodian for Family Court filings, posts the filing-fee schedule, and confirms current deposits and copy counts. There is no general e-filing portal — file in person or by mail. Court costs can be paid online at https://payments.lexisnexis.com/oh/co/henry/familycourt or by phone at (888) 562-9935.
Henry County Family Court (Domestic Relations & Juvenile Divisions). 660 N. Perry St., Suite 401, Napoleon, OH 43545; (419) 599-5951 (https://henrycountyfamilycourt.com/). One combined Family Court — Judge Melissa Peper Firestone and Magistrate Steve Callejas hear both Domestic Relations (3rd floor) and Juvenile (4th floor) cases, including divorce, dissolution, custody, parenting time, support, paternity, and non-parent custody.
Henry County Child Support Enforcement Agency (CSEA). 104 E. Washington St., Hahn Center Suite 202, Napoleon, OH 43545; (419) 592-4633 (toll-free 888-844-9783). The county IV-D agency establishes, calculates, collects, and enforces child support. Open a IV-D case to set up automatic wage withholding and enforcement.
Henry County Family, Adult & Children's Services (FACS). (419) 592-4210. 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).
Henry County Probate Division (adoption, name change, marriage). 660 N. Perry St., 2nd Floor (Suite 203), Napoleon, OH 43545; (419) 592-7771 (https://www.henrycountyohio.gov/261/Probate-Division). Judge Amy C. Rosebrook's separate Probate Division handles stepparent and kinship adoptions, name changes, and marriage licenses — not divorce or custody.

Related to your custody case

Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
Child Support — Calculate, establish, or modify support under Ohio's guidelines.
Post-Decree Modification — Update custody, support, or parenting orders after your case ends.

Related guides

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

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.
Shared Parenting in Ohio: How Joint Custody Really Works — Shared parenting is Ohio's version of joint custody — both parents stay legal custodians and share major decisions. Here's what a plan must cover and how courts decide.
Fathers' Rights in Ohio: Custody, Paternity, and Parenting Time — Ohio law does not favor mothers over fathers — but unmarried fathers must establish paternity before they have any rights. Here's how fathers protect their relationship with their children.
Emergency Custody in Ohio: When and How to Get an Ex Parte Order — When a child faces immediate danger, Ohio courts can grant emergency custody on short notice through an ex parte order. Here's what qualifies and what happens next.

Continue your Henry County research

Ohio Custody guide — Statewide overview of custody in Ohio.
Toledo family law — Local attorneys and courts serving the Toledo metro.
Henry County family law guide — Court info, local filing notes, FAQs, and the downloadable Henry County guide.
Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
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