Grandparent & Non-Parent Custody in Monroe County

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

Monroe County, Ohio · Woodsfield

Sometimes a grandparent, relative, or other adult is the one actually raising a child. Ohio lets a non-parent ask the Juvenile Court for legal custody, or use a Grandparent Power of Attorney or Caretaker Authorization Affidavit for shorter-term authority over school and medical decisions. A court generally won't award custody to a non-parent over a parent unless the parents are shown to be unsuitable. In Monroe County these cases go to the combined Probate/Juvenile Division (Room 39).

Can a grandparent or other non-parent get custody in Monroe County, Ohio?

Yes. A non-parent can seek legal custody by filing a complaint in the combined Probate/Juvenile Division (Room 39, (740) 472-5790); the new-case deposit is $100. For shorter-term authority over school and medical decisions, a grandparent can use a Grandparent Power of Attorney or a Caretaker Authorization Affidavit. A court generally will not award custody to a non-parent over a parent unless the parents are shown to be unsuitable or have relinquished custody. The court decides custody using the R.C. 3109.04(F) best-interest factors.

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: Monroe County Court of Common Pleas — General Division

101 North Main Street, Room 33, Woodsfield, OH 43793
Phone: (740) 472-0841
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.monroecountyohio.com/government/clerk_of_courts/common_pleas_court/index.php

Juvenile Branch (Never-Married Parents)

Monroe County Combined Probate/Juvenile Division
101 North Main Street, Room 39, Woodsfield, OH 43793
Phone: (740) 472-5790
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)

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

You are a grandparent, relative, or other non-parent raising or seeking custody of a child.
The child's parents are unable, unsuitable, or have relinquished custody.
You need legal custody, or short-term authority for school and medical decisions.
You understand non-parent custody is filed in the Juvenile Division.

Filing Fees

New Juvenile non-parent custody case $100 · reopen $60 · Grandparent Power of Attorney / Caretaker Authorization Affidavit (confirm any cost) · fee waiver available · confirm current amounts with the Juvenile Division (740) 472-5790

Forms & Filing Packets

Non-parent legal custody — $100 new Juvenile case

File a complaint for legal custody in the combined Probate/Juvenile Division with the parenting affidavit (UCCJEA). You generally must show the parents are unsuitable or have relinquished custody.

Complaint for Allocation of Parental Rights & Responsibilities (Ohio SC Form 23 / JF 2) — Filed in the Juvenile Division to ask the court to name a residential parent and legal custodian and set parenting time when the parents were never married. In Monroe County you must first request a CSEA administrative parentage determination (Juvenile Local Rule 1) before a court parentage action.
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.

Grandparent Power of Attorney / Caretaker Authorization — Confirm any filing cost with the Juvenile Division (740) 472-5790

For shorter-term authority over school and medical decisions without a custody case, a grandparent can use a Grandparent Power of Attorney or a Caretaker Authorization Affidavit (R.C. 3109.51–.80).

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.

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

Decide custody vs. short-term authority. Choose between a legal-custody complaint and a Grandparent Power of Attorney / Caretaker Authorization Affidavit depending on how much authority you need and for how long.
Prepare your filing. For custody, complete the complaint and the parenting affidavit (UCCJEA); for short-term authority, complete the appropriate power-of-attorney or caretaker affidavit. Sign originals in blue ink.
File in the Juvenile Division. File at the combined Probate/Juvenile Division (Room 39) with the $100 deposit (or a fee waiver) and arrange service on the parents.
Attend the hearing. Present evidence on parental unsuitability and the child's best interest (R.C. 3109.04(F)); a Guardian ad Litem may be appointed in a contested case.

Monroe County Practice Notes

Non-parent custody is always Juvenile. Grandparent and other non-parent custody requests are filed in Monroe County's combined Probate/Juvenile Division (Room 39, Hon. James W. Peters), even when a divorce is pending between the parents elsewhere. The new-case deposit is $100; reopening is $60.
Unsuitability standard protects parents' rights. A court generally will not award custody to a non-parent over a parent unless the parents are shown to be unsuitable or have contractually relinquished custody. Short of full custody, a Grandparent Power of Attorney or Caretaker Authorization Affidavit can give a caregiver authority for school and medical decisions (R.C. 3109.51–.80).

Frequently Asked Questions

Can a grandparent or other non-parent get custody in Monroe County?: Yes — non-parent custody is filed in the combined Probate/Juvenile Division (Room 39). A relative can seek legal custody by complaint, or use a Grandparent Power of Attorney or Caretaker Authorization Affidavit for shorter-term authority over school and medical decisions. A non-parent must generally show the parents are unsuitable or have relinquished custody before a court will award custody to a non-parent. The new-case deposit is $100.
How much does it cost to file a custody, parentage, or parenting-time case in Juvenile Court?: $100 for a new custody, visitation, or parentage case in the combined Probate/Juvenile Division, and $60 to reopen a closed case (Juvenile Local Rule 5). A fee waiver is available if you cannot afford it. Confirm current amounts with the Juvenile Division at (740) 472-5790.
When does Monroe County appoint a Guardian ad Litem?: In a contested custody case the Court can appoint a Guardian ad Litem (GAL) — a neutral who investigates and recommends what is in the child's best interest (Common Pleas Local Rule XVII, tracking Sup.R. 48). Monroe County has no fixed GAL fee schedule; GAL fees and expenses are set by the Court in the appointment order and allocated between the parties.
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 child's home state when the child has lived in Ohio with a parent for at least six consecutive months immediately before filing. If the child recently moved, the prior state may still have jurisdiction. An out-of-state custody order is registered under the UCCJEA before a Monroe County court can enforce or modify it.

Free Local Resources in Monroe County

Monroe County Clerk of Courts (General Division). Current filing fees, deposit amounts, and filing instructions for divorce, dissolution, legal separation, and annulment. Clerk Beth Ann Rose, Room 26; call (740) 472-0761 before filing. The county uses the Ohio Supreme Court standardized forms and accepts e-filing through the Henschen portal (https://efile.henschen.com/).
Monroe County Combined Probate/Juvenile Division. Handles never-married-parent custody, parentage, parenting time, and child support, plus non-parent custody and adoptions, under Hon. James W. Peters in Room 39. Juvenile line (740) 472-5790; Probate line (740) 472-1654.
Monroe County Child Support Enforcement Agency (CSEA / DJFS). Housed in the Monroe County Department of Job and Family Services at 100 Home Avenue, Woodsfield. Prepares the support worksheet for free, opens IV-D cases, runs wage withholding, distributes payments, and enforces orders. Phone (740) 472-1602.
Parenting Session — OSU Extension. The two-hour 'Helping Children Cope With Divorce' session required under Local Rule XV. Register through OSU Extension at (740) 472-0810; the fee is $10 under the rule / $15 per the Court's class page — confirm when you register.
Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.

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.
Akron family law — Local attorneys and courts serving the Akron metro.
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