Miami County Child Custody Attorneys

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

Miami County, Ohio · Troy

In Ohio, "custody" is the allocation of parental rights and responsibilities. In Miami County, where you file depends on whether the parents were married: the General Division of the Common Pleas Court for married or divorcing parents, and the Juvenile Court for never-married parents. The court decides custody and parenting time using the R.C. 3109.04(F) best-interest factors.

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Flat-fee and full-representation options: we handle the filings, the Miami 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 do I file for custody in Miami County, Ohio?

If you and the other parent were married, custody is decided inside your divorce or dissolution in the General Division — file the Parenting Proceeding Affidavit (UCCJEA) and a child-support worksheet with your packet. If you were never married, file a complaint for allocation of parental rights in the Miami County Juvenile Court ($135 per child); paternity must be established first if it has not been. The court can order sole custody (one residential parent and legal custodian) or shared parenting on a filed Form 20 plan, applying the R.C. 3109.04(F) best-interest factors. Confirm current fees with the Clerk, (937) 440-6046, or the Juvenile Court, (937) 440-5970.

Miami County custody, handled by Gavvl Law

In Ohio, custody is the allocation of parental rights and responsibilities, and in Miami County where you file depends on whether the parents were married — the General Division inside a divorce or dissolution, or the Juvenile Court for never-married parents at $135 per child. Either way the court decides on the R.C. 3109.04(F) best-interest factors. Gavvl Law files in the right court and makes your best-interest case, on a flat fee with payment plans.

Filed in the court that fits your family. Married and divorcing parents have custody decided in the General Division; never-married parents file a complaint for allocation of parental rights in the Juvenile Court, where paternity must be established first. We file in the correct court from day one so your custody case is not misrouted or delayed.
The UCCJEA affidavit and the best-interest record. Every custody filing needs the Parenting Proceeding Affidavit confirming Ohio is the children's home state under the UCCJEA, plus a support worksheet, and a Form 20 plan if you want shared parenting. We prepare that packet and build the record the court weighs under the R.C. 3109.04(F) best-interest factors.
Ready for a GAL, on a flat fee. In a contested custody case the court can appoint a Guardian ad Litem to investigate and recommend, with GAL fees allocated between the parents. We prepare you and your evidence for that investigation and handle the case on a flat fee, with financing and full representation when custody is fought.

Custody in Miami County runs through two courts — the General Division at (937) 440-6046 and the Juvenile Court at (937) 440-5970 — and parents of minor children must also complete "Helping Children Succeed After Divorce" (Local R. 8.06). We manage the right court, the seminar, and the best-interest evidence together so your custody case moves without avoidable setbacks.

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.

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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: Miami County Court of Common Pleas, General Division

215 W. Main Street, Troy, OH 45373
Phone: (937) 440-3930
Hours: Monday–Friday (confirm current hours with the Clerk of Courts, (937) 440-6046)
Website: Court website

Juvenile Branch (Never-Married Parents)

Miami County Juvenile Court
2040 North County Road 25-A, Troy, OH 45373
Phone: (937) 440-5970
Hours: Monday–Thursday 8:00 a.m.–4:00 p.m.; Friday 8:30 a.m.–4:00 p.m. (Local Juv. R. 18.01)

Custody is the right path if…

You need a court order setting who the children live with and how parenting time and decision-making are divided.
You and the other parent cannot agree on parenting time, school enrollment, or major decisions.
Ohio is the children's home state under the UCCJEA — they have lived in Ohio for the last 6 months.
You can complete the parenting seminar when minor children are involved.

Filing Fees

Custody inside a divorce/dissolution: part of that case's deposit (set by the Clerk) · Never-married custody in Juvenile Court: $135.00 per child · parenting class cost set by the provider · GAL fees (contested cases) allocated between the parents. Confirm amounts with the Clerk (937) 440-6046 or Juvenile Court (937) 440-5970.

Forms & Filing Packets

Custody inside a divorce or dissolution (married parents) — Included in the divorce/dissolution deposit (set by the Clerk)

Filed in the General Division; custody, parenting time, and child support are decided inside the divorce or dissolution — there is no separate custody case.

Affidavit 3 — Parenting Proceeding (UCCJEA, with minor children) — Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction. Required in any case with minor children.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
Standard Parenting Time Order — parents under 90 miles apart (Local R. 8.021) — The county's default parenting-time schedule when both parents live within 90 miles of each other.

Married parents asking for shared parenting — Included in the divorce/dissolution deposit (set by the Clerk)

Add a Shared Parenting Plan (Form 20) addressing every R.C. 3109.04(G) factor to the divorce or dissolution packet.

Shared Parenting Plan (Form 20) — Filed when both parents will be designated residential parents and legal custodians under R.C. 3109.04(G).
Affidavit 3 — Parenting Proceeding (UCCJEA, with minor children) — Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction. Required in any case with minor children.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.

Custody in the Juvenile Court (never-married parents) — $135.00 per child (Juvenile Court)

Filed in the Juvenile Court; paternity must be established before the court can allocate custody.

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.
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.
Miami County Juvenile Court — Clerk's Office — The Juvenile Court (2040 N. County Rd 25-A, Troy; (937) 440-5970, option 2) decides parentage, custody, support, and parenting time for unmarried parents and non-parent legal custody. Post-complaint documents under 26 pages with no deposit may be emailed to juvenilefile@miamicountyohio.gov.

How to File Custody in Miami County

Pick the right court. Married or divorcing parents file in the General Division; never-married parents file in the Juvenile Court. Non-parent custody is always Juvenile.
Confirm Ohio is the children's home state. The children must have lived in Ohio for at least the prior 6 months (or qualify under a UCCJEA exception). The Parenting Proceeding Affidavit is how you swear to those facts.
Assemble your forms packet. Married parents: the divorce/dissolution packet plus the parenting affidavit and a support worksheet (add a Form 20 plan for shared parenting). Never-married parents: a complaint for allocation of parental rights, the UCCJEA affidavit, and the support worksheet.
Complete the parenting seminar. When minor children are involved, complete "Helping Children Succeed After Divorce" (Local R. 8.06).
File, serve, and attend the hearing. File with the Clerk or Juvenile Court, serve the other parent, and attend the hearing where the judge or magistrate applies the R.C. 3109.04(F) best-interest factors.

Miami 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.
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.
Married vs. never married determines the court. Married or divorcing parents have custody decided in the General Division inside the divorce or dissolution; never-married parents file in the Juvenile Court, which first establishes parentage. Grandparent and other non-parent custody requests are always filed in Juvenile Court.

Frequently Asked Questions

We were never married — which Miami County court decides custody?: The Juvenile Court (Judge Scott Altenburger), 2040 N. County Road 25-A, Troy; (937) 440-5970, decides custody, parenting time, support, and parentage for unmarried parents under R.C. 2151.23. Married or divorcing parents have those issues decided inside the divorce or dissolution in the General Division. Grandparent and other non-parent custody requests are always filed in Juvenile Court.
How does a Miami County court decide custody?: 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.
How does shared parenting work in Miami County?: The court can name one parent the residential parent and legal custodian (sole custody) or order shared parenting on a filed plan. Shared parenting requires a written Shared Parenting Plan (Form 20) addressing physical living arrangements, the holiday and vacation schedule, decision-making, transportation, school and health-care decisions, support, and dispute resolution. The court approves a plan only if it is in the child's best interest under R.C. 3109.04.
How much does it cost to file for custody or paternity in Miami County Juvenile Court?: The Juvenile Court charges $135.00 per child for a paternity, allocation of parental rights (custody), or visitation petition, due at filing, plus $2.00 per subpoena issued. No filing fee is charged to the Miami County CSEA or Children's Services Board (Local Juv. R. 4.06). Court costs are assessed at final disposition, and an indigency application may be filed to seek a waiver (Local Juv. R. 4.02–4.03).
When does Miami County appoint a Guardian ad Litem?: In a contested custody case, the court can appoint a Guardian ad Litem (GAL) — a court-appointed attorney who investigates and recommends what is in the children's best interest, often in a written report filed before the merit hearing. The GAL represents the child's best interest, not the child's stated wishes. GAL fees are typically allocated between the parents at the court's discretion.
Is a parenting class required in Miami County?: Yes, when minor children are involved. Parents in an original divorce, dissolution, or paternity case must complete the county seminar "Helping Children Succeed After Divorce" (Local R. 8.06). Sessions are held Wednesday mornings and last about 2.5 hours. Complete the seminar before the dissolution decree is filed, or within 45 days of service in a divorce. To reschedule, contact the office of the Magistrate assigned to your case. Failure to complete it can delay your decree or result in denial of court-ordered parenting time.

Free Local Resources in Miami County

Miami County Clerk of Courts (Common Pleas / Domestic Relations). 215 W. Main Street, Troy, OH 45373; (937) 440-6046. Files all Domestic Relations documents and collects deposits through the e-file system (mandatory as of June 1, 2026). Confirm the current divorce/dissolution/legal-separation deposit here, or file an Affidavit of Indigency to seek a waiver.
Miami County Domestic Relations Forms. https://www.miamicountyohio.gov/domestic-relations-forms/ — the county's DR forms, organized by case type, plus Appendix A (the required-filings checklist). Do not print forms double-sided.
Parenting seminar — "Helping Children Succeed After Divorce". https://www.miamicountyohio.gov/parenting-seminar/ — required for parents of children under 18 in a divorce, dissolution, or paternity case (Local R. 8.06). Sessions are Wednesday mornings (~2.5 hours); complete before the dissolution decree is filed or within 45 days of service. Reschedule through the assigned Magistrate's office.
Miami County Juvenile Court. 2040 North County Road 25-A, Troy, OH 45373; (937) 440-5970 (Clerk, option 2); juvenilefile@miamicountyohio.gov. Judge Scott Altenburger. Decides parentage, custody, support, and parenting time for unmarried parents and non-parent legal custody. Paternity/custody/visitation: $135.00 per child (no fee to CSEA or Children's Services).
Miami County Child Support Enforcement Agency (CSEA). https://www.miamicountyohio.gov/child-support-enforcement-agency-csea/ — opens IV-D cases, calculates support, collects by wage withholding through Ohio Child Support Payment Central, and enforces orders. No filing fee is charged to CSEA (Local Juv. R. 4.06).
Miami County Probate Court. 215 W. Main Street, Troy, OH 45373; (937) 440-6050. Judge Scott Altenburger. Handles adoptions, name changes, marriage licenses, and minor guardianships. Accepts the Supreme Court of Ohio Probate standardized forms plus local forms.

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.

Related guides

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

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.
Shared Parenting in Ohio: How Joint Custody Really Works — Shared parenting is Ohio's version of joint custody — both parents stay legal custodians and share major decisions. Here's what a plan must cover and how courts decide.
Fathers' Rights in Ohio: Custody, Paternity, and Parenting Time — Ohio law does not favor mothers over fathers — but unmarried fathers must establish paternity before they have any rights. Here's how fathers protect their relationship with their children.
Emergency Custody in Ohio: When and How to Get an Ex Parte Order — When a child faces immediate danger, Ohio courts can grant emergency custody on short notice through an ex parte order. Here's what qualifies and what happens next.