Grandparent & Non-Parent Custody in Madison County

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

Madison County, Ohio · London

Grandparents and other relatives can seek legal custody of a child, or use a power of attorney or caretaker affidavit for school and medical decisions short of full custody. These are filed in the Madison County Probate & Juvenile Court in London.

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

For legal custody, file a Petition for Custody (new case) in the Madison County Juvenile Division, 1 N. Main St., London, with the Parenting Proceeding Affidavit ($200 deposit). To handle a child's school and medical needs short of a custody case, a grandparent can use a Grandparent Power of Attorney (when the parent(s) agree, R.C. 3109.52) and a qualifying relative caregiver can use a Caretaker Authorization Affidavit (R.C. 3109.65). The court decides custody under the best-interest standard, generally requiring a finding that a parent is unsuitable or that custody to the relative serves the child's best interest.

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: 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: www.co.madison.oh.us/departments/court_system/common_pleas/index.php

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

You are a grandparent or relative caring for a child.
The child's parents are unable or unavailable to provide proper care.
You need legal authority for the child's school and medical decisions.
You want either full legal custody or a short-of-custody caregiving authorization.

Filing Fees

$200 Juvenile custody deposit · Grandparent Power of Attorney / Caretaker Authorization Affidavit have no court deposit (filed/notarized as required) · GAL adds $2,000 · confirm current amounts with the Juvenile Division

Forms & Filing Packets

Petition for legal custody (Juvenile Division) — $200 Juvenile deposit

File the Petition for Custody (new case) with the Parenting Proceeding Affidavit and a support worksheet; the court applies the best-interest standard.

Petition for Custody (new case) — Madison County Juvenile — Opens a new Juvenile custody case asking the court to allocate parental rights and parenting time when there is no existing case.
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.

Power of attorney / caretaker affidavit (short of custody)

Use a Grandparent Power of Attorney (when the parent(s) agree) or a Caretaker Authorization Affidavit to handle a child's school and medical needs without a full custody case.

Grandparent Power of Attorney — Parent(s) in Agreement (Madison County Juvenile) — Lets a grandparent handle a child's school and medical needs without a full custody case, when the parent(s) agree (R.C. 3109.52).
Caretaker Authorization Affidavit — Madison County Juvenile — Lets a qualifying relative caregiver handle a child's school and medical needs short of a custody case (R.C. 3109.65).

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

Decide custody vs. authority. Choose full legal custody (a Juvenile petition) or short-of-custody authority (a power of attorney or caretaker affidavit).
Prepare the right form. Use the Petition for Custody (new case) for legal custody, or the Grandparent Power of Attorney / Caretaker Authorization Affidavit for school and medical authority.
File in the Juvenile Division. File at 1 N. Main St., London; a custody petition carries a $200 deposit and the Parenting Proceeding Affidavit.
Best-interest decision. For custody, the court applies the R.C. 3109.04 best-interest standard and may appoint a Guardian ad Litem.

Madison County Practice Notes

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).
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 Juvenile cases ($2,000; request within 90 days). In a contested Juvenile custody or parenting case the court can appoint a Guardian ad Litem. A GAL adds a $2,000 deposit, and the request must be made within 90 days of the original complaint or motion or it is waived (Juv. Loc.R. 25).

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.
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).
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.

Related to your grandparent/non-parent 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 grandparent/non-parent 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.
Columbus family law — Local attorneys and courts serving the Columbus metro.
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