Filing for Custody in Lucas County

Lucas County, Ohio · Toledo

In Ohio, 'custody' means the allocation of parental rights and responsibilities. In Lucas County the filing court depends on your relationship: married and divorcing parents allocate custody inside their divorce or dissolution at the Domestic Relations Division (429 N. Michigan Street), while never-married parents file a parentage and custody case at the Juvenile Division (Juvenile Justice Center, 1801 Spielbusch Avenue). The court decides using the R.C. 3109.04(F) best-interest factors.

How do I file for custody in Lucas County, Ohio?

If you were married, custody is decided inside your divorce or dissolution at the Lucas County DR Division, 429 N. Michigan Street, Toledo, OH 43604 — file the Parenting Proceeding Affidavit (Uniform DR Affidavit 3), Health Insurance Affidavit (Affidavit 4), and a Parenting Plan (Form 21) or Shared Parenting Plan (Form 20). If you were never married, file the Complaint to Establish the Parent-Child Relationship and for Allocation of Parental Rights and Responsibilities packet with the Lucas County Juvenile Division at 1801 Spielbusch Avenue, Toledo, OH 43604 — paternity must be established before custody can be allocated. Both parents must complete the approved parenting program before the order is final.

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

Family Court Center, 429 N. Michigan Street, Toledo, OH 43604, Toledo, OH 43604
Phone: (419) 213-6901
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.
Website: www.co.lucas.oh.us/178/Domestic-Relations-Division
e-Filing: https://www.co.lucas.oh.us/99/Domestic-Relations-Online-Dockets

Juvenile Branch (Never-Married Parents)

Lucas County Court of Common Pleas, Juvenile Division (Juvenile Justice Center)
1801 Spielbusch Avenue, Toledo, OH 43604, Toledo, OH 43604
Phone: (419) 213-6722
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Custody is the right path if…

You need a court order setting who the children live with and how parenting time is divided.
You and the other parent can't agree on the schedule, schooling, or major decisions.
Ohio is the children's home state under the UCCJEA — they've lived in Ohio the last 6 months.
You can complete the approved parenting program before the final order.

Filing Fees

DR custody inside divorce: included in the $325 deposit · Never-married parentage: Juvenile Division deposit (call (419) 213-6722) · GAL fees allocated by ability to pay

Forms & Filing Packets

Custody inside a Lucas County divorce/dissolution (married parents) — Included in the $325 divorce-with-children deposit

Married or divorcing parents allocate custody as part of the DR case — there is no separate custody filing. These are the children's add-on forms filed with your divorce or dissolution.

Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
Health Insurance Affidavit (Uniform DR Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer.
Parenting Plan (Uniform DR Form 21) — Sets the residential parent, parenting-time schedule, and decision-making when one parent will be residential parent.
Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.

Custody for never-married parents — Juvenile Division (Lucas nuance) — Juvenile Division deposit — call the Juvenile Clerk at (419) 213-6722

In Lucas County, never-married parents file parentage and allocation in the Juvenile Division at 1801 Spielbusch Avenue, not the DR Division. Paternity must be established before custody can be allocated.

Complaint to Establish the Parent-Child Relationship and for Allocation of Parental Rights and Responsibilities (Lucas County Juvenile packet) — Opens the parentage case and asks the Juvenile Division to establish paternity and allocate parental rights and parenting time for never-married parents.
Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
Lucas County Custody / Parental Rights Forms (Juvenile Division) — Lucas County's full set of Juvenile Division custody and parental-rights packets, questionnaires, and filing instructions.
Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required when support will be ordered alongside custody.

Shared parenting add-on

File a proposed Shared Parenting Plan when both parents will be residential parents and legal custodians.

Shared Parenting Plan (Uniform DR Form 20) — Written plan meeting the R.C. 3109.04(G) factors: living arrangements, decision-making, transportation, school and health care, tax exemptions, and dispute resolution.

How to File Custody in Lucas County

Identify your filing court. Married/divorcing parents allocate custody inside the divorce or dissolution at the DR Division (429 N. Michigan Street); never-married parents file a parentage/allocation packet at the Juvenile Division (1801 Spielbusch Avenue).
Confirm Ohio is the children's home state under the UCCJEA. The children must have lived in Ohio for the prior 6 months. The Parenting Proceeding Affidavit (Affidavit 3) is how you swear to those facts.
Assemble the forms packet. In a divorce: Parenting Proceeding Affidavit + Health Insurance Affidavit + the Parenting Plan (Form 21) or Shared Parenting Plan (Form 20) and the child-support worksheet. For never-married parents: the Lucas Juvenile parentage/allocation packet.
File and pay the deposit. DR custody is part of the divorce deposit; never-married parentage carries the Juvenile Division deposit — call the Juvenile Clerk at (419) 213-6722 for the current amount.
Complete the parenting program. Both parents register for the approved Children in Between course and file proof before the order is final.

Lucas County Practice Notes

Never-married custody is a Juvenile Division case in Lucas County. Married and divorcing parents allocate custody at the Domestic Relations Division (429 N. Michigan Street). Never-married parents file parentage and allocation of parental rights at the Juvenile Division (Juvenile Justice Center, 1801 Spielbusch Avenue). Non-parent and grandparent custody petitions also go to the Juvenile Division.
Paternity comes before custody. For never-married parents, the court must establish the parent-child relationship before it can allocate custody or set support. If parentage is contested, the court orders genetic testing; once established, custody, parenting time, and support can be decided in the same case.
Shared parenting plan must address every R.C. 3109.04(G) factor. A written Shared Parenting Plan must address physical living arrangements, holiday and vacation schedule, child support, decision-making authority, transportation, school and health-care decisions, tax exemptions, and dispute resolution. Plans that skip a factor are routinely sent back for revision.
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 represents what is best for the child, not the child's wishes, and GAL fees are typically allocated between the parents.

Frequently Asked Questions

Do never-married parents file custody in Domestic Relations or Juvenile Court in Lucas County?: In Lucas County, married and divorcing parents resolve custody, parenting time, and support inside their divorce or dissolution at the Domestic Relations Division (Family Court Center, 429 N. Michigan Street). Never-married parents file parentage, custody, parenting time, and child support at the Juvenile Division (Juvenile Justice Center, 1801 Spielbusch Avenue). Non-parent and grandparent custody petitions also go to the Juvenile Division.
What does it mean for Ohio to be my child's 'home state' under the UCCJEA?: Under the UCCJEA (R.C. 3127), Ohio is the children's home state when they have lived in Ohio with a parent for at least 6 consecutive months immediately before the filing. If the children recently moved, the prior state may still have jurisdiction. Ohio courts can also decline jurisdiction as an inconvenient forum under R.C. 3127.21 even when home-state requirements are met. The Parenting Proceeding Affidavit (Uniform DR Affidavit 3) is how you swear to those facts.
Is a parenting class required in Lucas County?: Yes. In any divorce, dissolution, legal separation, or parentage case involving minor children, both parents must complete the Parenting-Through-Divorce education program (the Children in Between online course approved for Lucas County) before a final order. The Court Counseling Department on the 4th Floor of the Family Court Center (established 1938) handles scheduling and proof of completion.
When is a Guardian ad Litem appointed in Lucas County?: In a contested custody or parentage case, the court can appoint a Guardian ad Litem — a court-appointed attorney who investigates and recommends a parenting arrangement in the child's best interest. The GAL represents what is best for the child, not the child's wishes, files a written report before the final hearing, and is available for cross-examination. GAL fees are allocated between the parties by ability to pay.

Free Local Resources in Lucas County

Lucas County DR Division — Forms Hub (Schedules 1–5). Every Domestic Relations local Schedule form, the Uniform Ohio forms, and the filing instructions are posted free at co.lucas.oh.us/1360/Domestic-Relations-Division-Forms.
Court Counseling Department (4th Floor, Family Court Center). Established 1938 — handles family evaluations, mediation, conciliation assessments, intake services, and parenting-education scheduling through the Family Court Center.
Domestic Violence Resource Center (2nd Floor, Family Court Center). Helps petitioners obtain Civil Protection Orders. Call (419) 213-2700.
Lucas County CSEA. Child Support Enforcement Agency at 3737 W. Sylvania Avenue, Toledo, OH 43623, (419) 213-3001 — opens cases, collects, and enforces support.

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.

Keep exploring

Ohio Custody guide — Statewide overview of 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.

Call +1-844-694-2885 or email support@gavvl.com.