Grandparent & Non-Parent Custody in Miami County

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

Miami County, Ohio · Troy

A relative or other non-parent — often a grandparent — can ask the Juvenile Court for legal custody of a child when living with a parent is not in the child's best interest. This is different from adoption (which permanently ends parental rights) and from guardianship (a Probate matter).

How can a grandparent or non-parent get custody in Miami County, Ohio?

File a complaint for legal custody as a non-parent in the Miami County Juvenile Court under R.C. 2151.23 / 2151.353; the court weighs the child's best interest and whether a parent is unsuitable. For short-term needs, the Juvenile Court accepts a Grandparent Power of Attorney and a Caretaker Authorization Affidavit (both limited to grandparents) so a caregiving grandparent can make school and medical decisions; these forms are in the county Forms Center. The custody filing fee is $135.00 per child. Legal custody does not end the parents' legal status or support duty.

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: www.miamicountyohio.gov/common-pleas/

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)

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

You are a grandparent or other non-parent caring for, or seeking to care for, a child.
Living with a parent is not in the child's best interest, or a parent is unsuitable.
You need authority to make school and medical decisions, now or long-term.
You understand legal custody is different from adoption and guardianship.

Filing Fees

Juvenile Court legal-custody petition: $135.00 per child · Grandparent Power of Attorney and Caretaker Authorization Affidavit (grandparents only) are available at the county Forms Center · legal custody does not end parental rights or support.

Forms & Filing Packets

Complaint for legal custody (non-parent) — $135.00 per child (Juvenile Court)

File a complaint for legal custody in the Juvenile Court under R.C. 2151.23 / 2151.353; the court applies the best-interest and parental-unsuitability standards.

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.
Miami County Forms Center (juvenile local forms, Grandparent POA, Caretaker Affidavit) — Where the Miami County juvenile local forms (Juv. Form 16, Parenting Proceeding Affidavit, Notice of Intent to Relocate, Model Parenting Time schedules) and the grandparent-only Power of Attorney and Caretaker Authorization Affidavit are posted.
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.

Short-term: Grandparent POA / Caretaker Authorization Affidavit — Confirm any cost with the Juvenile Court

A grandparent can use a Power of Attorney or Caretaker Authorization Affidavit (both grandparent-only) to make school and medical decisions while a custody case is pending. Get both at the county Forms Center.

Miami County Forms Center (juvenile local forms, Grandparent POA, Caretaker Affidavit) — Where the Miami County juvenile local forms (Juv. Form 16, Parenting Proceeding Affidavit, Notice of Intent to Relocate, Model Parenting Time schedules) and the grandparent-only Power of Attorney and Caretaker Authorization Affidavit are posted.
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 Grandparent & Non-Parent Custody in Miami County

Decide between short-term and long-term. For immediate school/medical authority, a grandparent can use a Power of Attorney or Caretaker Authorization Affidavit; for a lasting order, file a legal-custody complaint.
File in Juvenile Court. File a complaint for legal custody as a non-parent under R.C. 2151.23 / 2151.353 in the Juvenile Court ($135 per child).
Prepare for the best-interest hearing. The court weighs the child's best interest and whether a parent is unsuitable; a GAL may be appointed.
Get short-term forms at the Forms Center. Pick up the Grandparent Power of Attorney and Caretaker Authorization Affidavit at the county Forms Center if you need authority while the case is pending.

Miami County Practice Notes

Legal custody is not adoption. Non-parent legal custody under R.C. 2151.23 / 2151.353 does not permanently end the parents' rights or their support duty. Adoption (a Probate matter) permanently transfers parentage; guardianship is a separate Probate process.
Short-term tools for grandparents. The Juvenile Court accepts a Grandparent Power of Attorney and a Caretaker Authorization Affidavit (both limited to grandparents) so a caregiving grandparent can make school and medical decisions short-term. These forms are in the county Forms Center.

Frequently Asked Questions

I'm a grandparent caring for my grandchild in Miami County — what can I file?: For short-term needs, the Juvenile Court accepts a Grandparent Power of Attorney and a Caretaker Authorization Affidavit (both limited to grandparents) so you can make school and medical decisions; these forms are in the county Forms Center. For a longer-term order, you can file a complaint for legal custody as a non-parent in the Juvenile Court under R.C. 2151.23 / 2151.353. Legal custody is different from adoption — it does not end the parents' legal status or support duty.
Is non-parent legal custody the same as adoption in Miami County?: No. A relative or other non-parent can ask the Juvenile Court for legal custody of a child under R.C. 2151.23 / 2151.353 when living with a parent is not in the child's best interest; the court weighs the child's best interest and whether a parent is unsuitable. Legal custody does not permanently end the parents' rights or support duty. Adoption (a Probate matter) permanently transfers parentage, and guardianship is a separate Probate process.
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.
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.

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 non-parent custody 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 non-parent custody 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.
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