Grandparent & Non-Parent Custody in Medina County

Reviewed by Stephanie Green, Esq. · Managing Partner, Gavvl Law · Last updated June 8, 2026

Medina County, Ohio · Medina

Grandparents, relatives, and other caregivers can ask for legal custody of a child in Medina County. But Ohio sets a high bar: the court must first find both parents unsuitable under the In re Perales standard before it can place a child with a non-parent.

How does a grandparent get custody in Medina County, Ohio?

A non-parent can seek legal custody of a child, but to award custody to a non-parent over a parent the court must first find the parents unsuitable under In re Perales — by contractual relinquishment, abandonment, total inability to care for the child, or that placement with the parents would be detrimental. Best interest alone is not enough. Filing court: Medina's R.C. 2301.03(U) directs all child-custody cases to the Domestic Relations Court at 225 East Washington Street, while third-party custody is classically a Juvenile-Court grant under R.C. 2151.23(A)(2) — confirm with the court whether a non-parent custody petition is filed in the Domestic Relations or Juvenile Court before relying on a filing location. A Parenting Proceeding Affidavit is required, and Ohio must be the child's home state under the UCCJEA.

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: Medina County Court of Common Pleas, Domestic Relations Division

225 East Washington Street, Medina, OH 44256, Medina, OH 44256
Phone: (330) 725-9740
Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.
Website: medinadr.org/

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

You are a grandparent, relative, or caregiver seeking legal custody of a child.
Both parents are unable, unfit, or unwilling to safely care for the child.
You can show parental unsuitability, not just that the child is better off with you.
Ohio is the child's home state under the UCCJEA.

Filing Fees

Confirm filing court (DR under R.C. 2301.03(U) vs Juvenile under R.C. 2151.23(A)(2)) and the current fee with the court · Perales unsuitability finding required

Forms & Filing Packets

Non-parent custody petition

A non-parent files for legal custody. Confirm with the court whether the petition is filed in the Medina County Domestic Relations Court (R.C. 2301.03(U)) or the Juvenile Court (R.C. 2151.23(A)(2)). The court must first find both parents unsuitable under In re Perales.

Complaint for Legal Custody by a Non-Parent (Medina) — Petition by a grandparent, relative, or caregiver for legal custody of a child. Confirm the filing court with the court and pull the current local form from the Medina DR Forms page.
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.

How to File Grandparent / Non-Parent Custody in Medina County

Confirm the filing court. Ask the court whether a non-parent custody petition is filed in the Medina County Domestic Relations Court (R.C. 2301.03(U)) or the Juvenile Court (R.C. 2151.23(A)(2)).
Build the unsuitability case. Gather evidence of contractual relinquishment, abandonment, total inability to care for the child, or detriment from placement with the parents under In re Perales.
File the petition with a UCCJEA affidavit. File the non-parent custody petition with the Parenting Proceeding Affidavit confirming Ohio is the child's home state.
Attend the hearing. The court decides parental unsuitability first; only then does it apply the best-interest factors to place the child with a non-parent.

Medina County Practice Notes

In re Perales is the gate for non-parent custody. Without a finding that BOTH parents are unsuitable, an Ohio court cannot award custody to a non-parent — even if the child is thriving with the non-parent. The four Perales grounds are: contractual relinquishment of custody, abandonment, total inability to care for the child, or detriment from placement with the parents. Best interest alone is not enough.
Confirm the filing court in Medina. Medina's R.C. 2301.03(U) routes all child-custody cases to the Domestic Relations Court, which would include non-parent custody; however, third-party custody is classically a Juvenile-Court grant under R.C. 2151.23(A)(2). Confirm with the court whether to file in the Domestic Relations or Juvenile Court before relying on a filing location.
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.

Frequently Asked Questions

Do custody and paternity cases go to Domestic Relations or Juvenile Court in Medina County?: Medina County is unusual. Under R.C. 2301.03(U), all child-custody and parentage cases are filed in the Medina County Domestic Relations Court at 225 East Washington Street, Medina — even for never-married parents. Many Ohio counties send never-married custody and paternity to Juvenile Court, but Medina keeps them in Domestic Relations. The court decides custody under the R.C. 3109.04(F) best-interest factors.
Are mediation and a guardian ad litem available in Medina County?: Yes. In contested custody cases the Medina County Domestic Relations Court can appoint a Guardian ad Litem to investigate and recommend a parenting arrangement in the child's best interest; GAL fees are $150/hour, allocated between the parties. The court's Family Court Resources department also offers mediation at no cost, plus neutral evaluation and co-parent coaching for qualifying cases.
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.
How does a grandparent or relative get custody in Medina County?: A non-parent faces a high bar in Ohio. Before a court can place a child with a non-parent over a parent, it must first find the parents unsuitable — under In re Perales, by contractual relinquishment, abandonment, total inability to care for the child, or that placement with the parents would be detrimental. Best interest alone is not enough. In Medina County, confirm with the court whether a non-parent custody petition is filed in the Domestic Relations Court (R.C. 2301.03(U)) or the Juvenile Court (R.C. 2151.23(A)(2)).

Free Local Resources in Medina County

Medina County Domestic Relations Court. Local forms, local rules, email-filing instructions, and case information for divorce, dissolution, custody, support, and protection orders at medinadr.org. The Forms page is medinadr.org/forms.html. Court staff cannot give legal advice or help complete forms.
Ohio Child Support Calculator. The state's official 2024 Income Shares worksheet at ohiochildsupportcalculator.ohio.gov. Run it, print, and sign it before any hearing that sets or changes support.
FOCUS — Family Court Resources parenting program. The court-provided parenting class for parents of minor children, prepaid through the filing deposit and coordinated by Family Court Resources (234-802-0944). Approved online alternatives are Children in Between and Two Families Now.
Community Legal Aid Services. Free civil legal help for income-eligible residents of Medina County and northeast Ohio. Intake line 1-800-998-9454.

Related to your non-parent custody case

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Child Support — Calculate, establish, or modify support under Ohio's guidelines.

Keep exploring

Ohio Grandparent / Non-Parent Custody guide — Statewide overview of grandparent / non-parent custody in Ohio.
Cleveland family law — Local attorneys and courts serving the Cleveland metro.
Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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