Madison County Child Custody Attorneys

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

Madison County, Ohio · London

In Ohio, custody is the allocation of parental rights and responsibilities. For married/divorcing parents it is decided in the General Division as part of the divorce; for never-married parents it is decided in the Juvenile Division. Either way the court applies the best-interest standard under R.C. 3109.04.

Hire Gavvl for your Madison County custody case

Flat-fee and full-representation options: we handle the filings, the Madison County local forms, the court strategy, and the hearings — and you know the price before we start.

Start with a $25 consultation and talk through your options with an Ohio family-law attorney before you commit to anything. Get started online or see payment plans & financing.

How is child custody decided in Madison County, Ohio?

If you are or were married, custody and parenting time are decided in the General Division as part of the divorce, dissolution, or legal separation, using a parenting plan, the parenting affidavits, and the support worksheet. If the parents were never married, file in the Madison County Juvenile Division — a Petition for Custody (new case), or a Motion for Custody (preexisting case) — with the Parenting Proceeding Affidavit ($200 deposit). The court (or magistrate) applies the R.C. 3109.04 best-interest factors and may appoint a Guardian ad Litem in a contested case.

Madison County custody with Gavvl Law

In Ohio, custody is the allocation of parental rights and responsibilities: for married or divorcing parents it is decided in the General Division as part of the divorce, and for never-married parents it is decided in the Madison County Juvenile Division. Either way the court applies the R.C. 3109.04 best-interest standard. Gavvl Law files in the right court, proposes a parenting plan the court can adopt, and offers one flat fee up front with payment plans and full representation for contested cases.

  • The right court for your family. Married or divorcing parents resolve custody in the General Division with a parenting plan and the parenting affidavits; never-married parents file a Petition for Custody (new case) or Motion for Custody (preexisting case) in the Juvenile Division at a $200 deposit. We file in the forum that has jurisdiction so the case is not dismissed at the threshold.
  • Parentage before custody for unmarried parents. In the Juvenile Division parentage must be established before custody can be ordered, and a court parentage action must first be preceded by a CSEA administrative determination under R.C. 3111.22 (Juv. Loc.R. 16). We clear that step with the CSEA at (740) 852-4770 so the custody request is not held up.
  • A parenting plan built for best-interest review. The court or magistrate decides custody under the R.C. 3109.04 best-interest factors, so a specific plan carries more weight than a general request. We set out the residential schedule, decision-making, and support, and request a Guardian ad Litem in a contested case.

A Guardian ad Litem costs $400 per party in the General Division but a $2,000 deposit in the Juvenile Division, so which court hears your custody case changes what a contested fight will cost. We handle both tracks in London, plan for the GAL where the case needs one, and keep the work on a single flat-fee plan.

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 typeWho makes major decisionsWhere the child livesBest when
Shared parentingBoth parents jointly, under a written planTime is split per the plan (not always 50/50)Parents can communicate and cooperate on decisions
Sole legal & residentialOne parentPrimarily with that parentOne parent is unable or unwilling to co-parent
Split custodyEach parent for the child in their careSiblings are divided between the two homesRare — only when it serves each child's best interest
Legal custody to a non-parentThe relative or caregiver granted custodyWith the non-parent caregiverNeither parent can safely care for the child

Where to File: Madison County Court of Common Pleas, General Division

1 N. Main Street, London, OH 43140
Phone: (740) 852-9776
Hours: Monday–Friday (confirm current public-counter hours with the Clerk)
Website: Court website

Custody is the right path if…

  • You need a first custody and parenting-time order.
  • You and the other parent disagree about where the child should live.
  • You need the parenting arrangement made into an enforceable court order.
  • You are establishing custody as a married/divorcing parent or a never-married parent.

Filing Fees

General Division custody within a divorce ($450 case deposit) or Juvenile custody case ($200) · GAL $400 per party (General) or $2,000 (Juvenile) · confirm current amounts with the Clerk (740) 852-9776 or the Juvenile Division

Forms & Filing Packets

Custody within a divorce/dissolution (General Division)

Married parents resolve custody as part of the divorce, dissolution, or legal separation in the General Division, with a parenting plan, the parenting affidavits, and the support worksheet.

Custody for never-married parents (Juvenile Division) — $200 Juvenile deposit

File a Petition for Custody (new case) or a Motion for Custody (preexisting case) in the Juvenile Division with the Parenting Proceeding Affidavit and support worksheet.

How to File Custody in Madison County

  1. Determine the right court. Married (or divorcing) parents file in the General Division; never-married parents file in the Juvenile Division.
  2. Establish parentage if needed. For never-married parents, parentage must be established before custody can be ordered — and a court parentage action must be preceded by a CSEA administrative determination under R.C. 3111.22 (Juv. Loc.R. 16); CSEA is at (740) 852-4770.
  3. Propose a parenting plan. Set out the residential schedule, decision-making, and support; attach the parenting affidavits and support worksheet.
  4. Best-interest decision. The court (or magistrate) applies the R.C. 3109.04 best-interest factors and enters the custody order, appointing a GAL in a contested case.

Madison 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.
  • Juvenile Division uses its own local form set. Unmarried-parent parentage, custody, support, and parenting-time cases are filed in the Probate & Juvenile Court (Judge Christopher J. Brown, 1 N. Main St., London, (740) 852-0760) using its local PDF forms. The court is open 8:00 a.m.-4:00 p.m. M-F; self-represented parents reactivating a case by motion are not accepted after 3:30 p.m. (Juv. Loc.R. 3).
  • Standard parenting-time schedule (C.P. Loc.R. 6.17). When parents do not agree on a schedule, the General Division's standard parenting-time schedule under C.P. Loc.R. 6.17 applies. Specific terms in a journal entry take precedence over the standard schedule. Confirm the current schedule details with the court.
  • Married vs. never-married decides the court. Support and custody tied to a divorce/dissolution are decided in the General Division; for never-married parents they are decided in the Juvenile Division as part of a parentage/custody case (R.C. 2151.23). Confirm which court holds your case before filing a motion.

Frequently Asked Questions

Which court handles family-law cases in Madison County?
The General Division of the Madison County Court of Common Pleas (Judge Eamon P. Costello, 1 N. Main St., London) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court, and most domestic matters are referred to a magistrate (C.P. Loc.R. 6.1). The combined Probate & Juvenile Court (Judge Christopher J. Brown, 1 N. Main St., London) handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, R.C. 2151.23) and adoptions (Probate). Domestic-relations cases are filed through the Clerk of Courts at (740) 852-9776.
Married vs. never-married parents — which court decides custody in Madison County?
If you are or were married, custody and parenting time are decided as part of the divorce, dissolution, or legal separation in the General Division of the Court of Common Pleas. If the parents were never married, parentage, custody, support, and parenting time are decided in the Juvenile Division (R.C. 2151.23) using the Juvenile Division's local forms.
What does it cost to file a custody, paternity, or support case in the Madison County Juvenile Division?
Under Appendix A of the Juvenile Local Rules, a new or modified custody, parentage, child-support, or visitation case is a $200 deposit; a motion for change of custody for school purposes only is $100; and a contempt motion is $100. Publication is $75, and a Guardian ad Litem adds a $2,000 deposit (request within 90 days, Juv. Loc.R. 25). The Clerk may demand up to $150 more if the deposit is insufficient. Fees change — confirm with the Juvenile Division at (740) 852-0760.
When does Madison County appoint a Guardian ad Litem?
In a contested custody, parenting-time, or allocation-of-parental-rights case, the court can appoint a Guardian ad Litem to investigate and recommend what is in the child's best interest. In the General Division the GAL / home-investigation deposit is $400 per party (C.P. Loc.R. 4.1). In the Juvenile Division a GAL adds a $2,000 deposit, and the request must be made within 90 days of the original complaint or motion (Juv. Loc.R. 25).

Related to your custody case

Related guides

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

More Madison County family-law resources

Call (844) 694-2885 or email support@gavvl.com.