Grandparent & Non-Parent Custody in Henry County

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

Henry County, Ohio · Napoleon

When a grandparent, relative, or other adult is raising a child, the Henry County Juvenile Division (4th floor, (419) 599-5951) can grant legal custody under R.C. 2151.23(A)(2). For school and medical decisions short of full custody, Ohio's kinship Custody Power of Attorney and Caretaker Authorization Affidavit may be enough.

How does a grandparent or relative get custody in Henry County, Ohio?

File a complaint for legal custody in the Henry County Juvenile Division, 660 N. Perry St., 4th floor, Napoleon, (419) 599-5951, with the DR-3 (Parenting Proceeding) affidavit. Because parents have a constitutionally protected interest in their children, a non-parent generally must first 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. 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 privately filed juvenile deposit is $200.

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: henrycountyfamilycourt.com/

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)

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

You are a grandparent, relative, or other adult raising a child who is not yours.
The child's parents are unable or unfit to provide proper care.
You need legal authority for school, medical, and day-to-day decisions.
You want a less permanent arrangement than adoption.

Filing Fees

Privately filed juvenile custody deposit $200 · GAL $1,000 / CASA $150 in contested cases · poverty-affidavit waiver available · Custody POA / Caretaker Affidavit have no juvenile filing deposit · confirm current amounts at (419) 599-5951

Forms & Filing Packets

Legal custody to a non-parent — $200 juvenile deposit

File a complaint for legal custody in the Juvenile Division with the DR-3 (Parenting Proceeding) affidavit. Be prepared to show parental unsuitability before the court reaches the best-interest analysis. Legal custody leaves the parents' residual rights intact.

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.

Kinship Custody POA / Caretaker Affidavit

For school and medical decisions short of full custody, use the Ohio Custody Power of Attorney or Caretaker Authorization Affidavit (R.C. 3109.51–3109.80). Henry County JFS and FACS, (419) 592-4210, can connect kinship caregivers with support.

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.
Self-Represented (Pro-Se) Resources — Henry County Family Court — The Family Court's self-help page with the Pro-Se Clinic ((419) 599-5951 for Legal Aid-eligible filers), an unbundled-services attorney list, and a link to Ohio Legal Help.

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

Choose custody or a POA. Full legal custody goes through the Juvenile Division; short-term school/medical authority can use a Custody POA or Caretaker Authorization Affidavit.
Prepare the complaint packet. For legal custody, complete the Juvenile Division complaint and the DR-3 (Parenting Proceeding) affidavit, and gather evidence of parental unsuitability.
File and serve. File at 660 N. Perry St., 4th floor, Napoleon, (419) 599-5951, pay the $200 deposit (or a poverty affidavit), and serve the parents.
Attend the hearing. The court considers unsuitability first, then the child's best interest; a GAL or CASA may be appointed in a contested case.

Henry 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. 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. The Henry County Department of Job & Family Services and FACS, (419) 592-4210, can connect kinship caregivers with support. For longer-term arrangements, legal custody through the Juvenile Division is the usual route.
Juvenile filing deposits ($200) and GAL/CASA. For never-married parents, a privately filed parentage, allocation-of-parental-rights, or parenting-time case carries a $200 deposit (not the $325/$400 Domestic Relations schedule). A Guardian ad Litem appointment is $1,000, a CASA appointment $150, a court evaluation $100, and a motion to re-open $150. A poverty affidavit can waive prepayment. Confirm current amounts on the court-costs page or at (419) 599-5951.
Guardian ad Litem and CASA. 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. 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 without court approval risks contempt.
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

I'm a grandparent raising my grandchild in Henry County — how do I get legal authority?: You can file for legal custody in the Juvenile 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 Henry County Department of Job & Family Services and FACS, (419) 592-4210, 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 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.
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 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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