Montgomery County Child Custody Attorneys

Hire Gavvl for your Montgomery County custody case

Flat-fee and full-representation options: we handle the filings, the Montgomery County local forms, the court strategy, and the hearings — and you know the price before we start (flat fees from $1,440).

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.

Hire Gavvl Law for your Montgomery County custody case

Custody in Dayton runs on two tracks — Domestic Relations at 301 West Third Street for married or divorcing parents, Juvenile Court at 380 West Second Street for parents who never married — and each has its own fee schedule and procedures. Gavvl Law files in the correct courthouse with a parenting plan built for Montgomery's own standards, as a flat-fee filing service or full representation through a contested custody hearing.

• A plan measured against the Standard Order. Montgomery's Standard Order of Parenting Time assumes roughly 90 overnights a year for the non-residential parent, and judges evaluate proposals against that baseline. Whether you want the Standard Order or a schedule tailored to shift work and school routines, we draft it so the court sees a workable plan, not a wish list.
• Eyes open on investigation and GAL costs. Contested Montgomery custody cases can trigger a Family Relations custody investigation (a fee) and a Guardian ad Litem whose fee is set by the court. We tell you when those steps are likely, what they cost, and how to present your household before an investigator ever visits.
• Jurisdiction confirmed before you spend a dollar. Ohio must be your children's home state — six months of residence under the UCCJEA — before a Dayton court can decide custody. We verify jurisdiction and pick the right division first, because the fastest way to lose months is filing a custody case the court cannot hear.

Montgomery expects parents in custody cases to complete "Helping Children Succeed After Divorce," and self-represented DR paperwork routes through the Compliance Office before it's accepted. We handle the seminar logistics and file attorney-grade paperwork directly, so your Dayton custody case spends its time on parenting issues instead of process.

Flat-fee options

Flat-fee limited scope: we draft and file the custody complaint or motion; you appear at any hearing.

• Establish custody: $1,440
• Modify custody: $1,670

Prefer full representation? An Ohio attorney can carry the entire case on a $3,500 retainer.

On limited-scope services of $2,000 or more, Gavvl Direct — our in-house plan with no interest and no credit check — takes 60% down to start, then the balance in three monthly payments, the first due 28 days after your initial payment. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.

Start your custody case or see payment plans & financing.

Real people — with direct lines

• Stephanie Green — Managing Partner
• Elizabeth Warren — Managing Partner
• Niva Elgin — Director of Attorney Relations · Licensed New Mexico Attorney
• Richard Furnish — Of Counsel Attorney

Your consultation

Stephanie Green or Elizabeth Warren, our managing partners — Niva Elgin, our Director of Attorney Relations and a licensed New Mexico attorney — or Richard Furnish, an Of Counsel Ohio family-law attorney. They've heard hundreds of situations like yours and will tell you plainly what you need, and what you don't. Meet the firm.

Your attorney

One of our Of Counsel Ohio family-law attorneys is your attorney for the case — from the first strategy call to the final order in Montgomery County. You have their name and a direct line the day your file opens. Our attorneys.

Your case team

Niva Elgin keeps your case moving as Director of Attorney Relations. Madeline Wampler, Certified Paralegal, handles documents and scheduling. Erin Schultz, Finance Manager, handles billing and payment plans. Real people who answer when you call.

• 95+ five-star Google reviews
• 60+ years of combined Ohio family-law experience
• Super Lawyers Rising Stars honorees on the team: Elizabeth Warren (2021–2023) and Samantha Berkhofer (2019–2021)
• Every flat fee published before you call

From first call to retained — and every step after

1. Consultation — A 30-minute phone call, $25. You talk with Stephanie Green, Elizabeth Warren, Niva Elgin, or Richard Furnish about what's happening and what Ohio law actually does with it. Before you hang up you'll know whether you need a lawyer at all — and if you do, you leave with a written quote: the service we recommend, the price, your financing options, and your next steps.
2. Choose — Pick the level of help. Pay, or set up financing. Limited-scope flat fee or full representation — you choose, with real numbers in front of you. Pay online, or secure a Gavvl Direct payment plan or third-party financing in a few minutes. Nothing is billed until you decide.
3. Sign — Your agreement arrives by email. Review the client agreement and sign it electronically — from your phone if you like. While you do, your attorney reviews your intake.
4. Get started — Your first attorney call goes on the calendar. Limited scope: your attorney's first call is scheduled from your intake. Full representation: a paralegal reaches out the same or next business day to open your file and gather what's needed, then schedules your first attorney call — and if something is urgent, you speak with the attorney first.

It's easier than ever to retain an excellent attorney.

How you'll stay updated — you never have to wonder

Every client gets GavvLink™, our client portal, on day one. Your whole case — messages, calendar, billing, status — lives in one place, and your team is a message away.

• Reach your attorney directly. Message, text, email, or call. Request a callback or book time on their calendar yourself — no waiting to hear back.
• Case calendar with reminders. Every hearing, deadline, and milestone, with a reminder before each one.
• Case status updates. See where your case stands and what happens next, updated as it moves.
• Payments and billing in real time. Every entry on your account as it posts, plus links to make a payment or add funds.
• Your case team, one message away. Full-representation clients message their paralegal and case manager the same way — and they answer.
• 24/7 receptionists and direct lines. Something urgent after hours? A live receptionist answers around the clock and reaches your team. You also have your attorney's direct line — and a way to reach the managing partners. We return calls and messages promptly.

Can I do this without an attorney?

sometimes, yes. Ohio lets you represent yourself, and for a genuinely agreed dissolution or a simple motion, some people do. The Montgomery County forms and local rules are linked in the questions below, and our free tools will draft a parenting plan or estimate child support before you spend anything.

Here's what the online-divorce platforms leave out: most Ohio counties require their own forms and language on top of the statewide ones, and a rejected filing is the most common reason people call us after trying it alone. A $25, 30-minute call tells you whether you can do this yourself — and if you can, we'll say so.

• Free parenting plan builder
• Free child support estimate
• Attorney-written guides
• See the Montgomery County forms & local rules

Schedule Your $25 Consultation

Where to File: Montgomery County Court of Common Pleas, Domestic Relations Division

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, Dayton, OH 45422
Phone: (937) 496-7908
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Custody is the right path if…

• You need a court order saying who the children live with and how parenting time is divided.
• You and the other parent can't agree on parenting time, school, or major decisions.
• Ohio is the children's home state under the UCCJEA — they've lived in Ohio for the last 6 months.
• You can complete the parenting class and file proof before the final hearing.

Frequently Asked Questions

Which forms do I need to file for custody in Montgomery County?

Custody inside a Montgomery divorce/dissolution (married parents)

Filed at the Montgomery County DR Court, 301 West Third Street. There is no separate 'custody filing' inside a divorce — these are the children's documents the court requires with your packet.

• 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.
• Standard Order of Parenting Time (DR Appendix Form 10, eff. 1-1-2026) — Montgomery's standard schedule (90 overnights for support purposes) applies unless the parents agree to or the court orders something different.
• Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.
• Health Insurance Affidavit — Discloses whether health insurance is available for the children through either parent's employer.

Custody packet — Juvenile Court (never-married parents)

Filed at the Montgomery County Juvenile Court, 380 West Second Street. Used when the parents were never married. Paternity must be established before the court can allocate custody. Citizen Services provides free pro se help.

• Complaint for Allocation of Parental Rights & Responsibilities — Asks the Montgomery County Juvenile Branch to designate a residential parent and legal custodian and set a parenting time schedule when 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. Confirms Ohio's jurisdiction over custody.
• IV-D Application for Child Support Services — Opens your case with Montgomery County CSEA so support can be collected, tracked, and enforced through wage withholding.

How to file custody in Montgomery County

1. Pick the right court — DR or Juvenile. Married/divorcing parents → Montgomery County DR Court at 301 West Third Street. Never-married parents → Montgomery County Juvenile Court at 380 West Second Street (a separate building). Grandparent/non-parent custody is always Juvenile.
2. Confirm Ohio is the children's home state under the UCCJEA. The children must have lived in Ohio for the prior 6 months. The Parenting Proceeding Affidavit is how you swear to those facts.
3. Assemble the packet for your court. DR: Parenting Proceeding Affidavit + Standard Order of Parenting Time + child-support worksheet + health-insurance affidavit. Juvenile: the Allocation of Parental Rights Packet + UCCJEA affidavit + IV-D Application.
4. Complete the parenting class and file. Both parents complete 'Helping Children Succeed After Divorce' and file proof. Self-represented DR parties review through the Compliance Office; Juvenile filers can use Citizen Services.

What does custody cost in Montgomery County?

Two numbers matter. The court's filing fee, which the Clerk sets and can confirm. And the attorney work: Our published flat fees from $1,440 cover drafting and filing the paperwork (limited scope — the court's filing fee is invoiced separately), with payment plans available. Prefer full representation? An attorney can carry the whole case on a retainer — every number is published in the pricing section above.

What forms do I need for custody in Montgomery County?

It depends on your situation — children, temporary orders, and which court you file in all change the packet. Answer the quick questions in the paperwork section above and your exact Montgomery County checklist appears, with every official form linked as a PDF.

How long does custody take in Montgomery County?

It depends on how much you and the other side agree. Agreed matters generally move through Montgomery County Court of Common Pleas, Domestic Relations Division in months, not years; contested cases take longer. The part you control is filing a complete, correct packet the first time — bounced paperwork is the most common self-filing delay.

Do we really need lawyers if we agree?

Maybe not — and we'll say so at a $25 consultation. But an agreement only counts if it survives on paper, in the exact packet Montgomery County's court expects, and what you file becomes a binding court order that is hard to fix later. Precision drafting for people who already agree is most of what our flat-fee work is: done once, done right.

Where are the Montgomery County local rules, and what does this court do differently?

Judges, magistrates, and filing fees change, so we do not publish them here. Montgomery County posts the current information itself:

• Montgomery County Court of Common Pleas, Domestic Relations Division — local rules, standing orders, and the current judges and magistrates.
• Montgomery County Clerk of Courts — current filing fees and deposits, e-filing, and case records.

• Standard parenting time and 90 overnights. Montgomery's Standard Order of Parenting Time (effective January 1, 2026) controls unless the parents agree to or the court orders a different schedule. It assumes 90 overnights for the non-residential parent for child-support calculation purposes.
• 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.

Are there free legal resources in Montgomery County?

• Montgomery County DR Court — Ohio Legal Help Self-Help Portal. Free step-by-step interviews and fillable forms for Montgomery County divorce, dissolution, legal separation, annulment, custody, support, and protection-order cases at mcdrc.ohiolegalhelp.org.
• Montgomery County DR Court Navigator & Legal Clinic. The Court Navigator (Room 222, (937) 496-7766) and the free virtual Legal Clinic with the Greater Dayton Volunteer Lawyers Project (2nd Tuesday and 3rd Thursday monthly) help self-represented parties understand procedures and complete forms.
• Montgomery County Juvenile Court Citizen Services. Free pro se assistance for custody, parenting time, child support, paternity, contempt, and grandparent filings at (937) 224-3977, citizen.services@mcjcohio.org — walk-in Monday/Tuesday, by appointment Wednesday–Friday.
• Montgomery County CSEA. The county IV-D child-support agency at (937) 225-4600, 1111 S. Edwin C. Moses Blvd., opens cases, runs wage withholding, distributes payments, and enforces orders.

Start Your Parenting Plan for Free

Before you meet with an attorney or mediator, try our free Ohio parenting plan builder — it explains sole custody vs. shared parenting in plain language and turns your answers into a printable worksheet you can bring to court, mediation, or a consultation.

Other Family-Law Topics in Montgomery County

• Montgomery County Divorce — Full filing guide for contested divorce in Montgomery DR.
• Montgomery County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
• Montgomery County Custody — Married parents file inside divorce; never-married parents file at the Juvenile Court.
• Montgomery County Family Law Attorney — Full-service family-law representation across the Montgomery County courts in Dayton.
• Dayton Domestic Violence Lawyer — Civil protection orders and domestic-violence cases in the Dayton and Montgomery County courts.

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.
• My Ex Leaves Our Child With the Grandparents During Their Parenting Time. Can I Do Anything About It? — Ohio courts favor grandparent relationships, so a few nights a month at grandma's is not a problem. It becomes one when the grandparents replace the parent. This guide explains why the court cannot order the grandparents to do anything, how to tell whether you have shared parenting or sole custody, and the six realistic options — from a documented conversation to a right of first refusal, contempt, a parenting time modification, a custody change, or an emergency motion.
• My Ex Has Mental Health Problems and I'm Worried About the Kids. What Can I Do in Ohio? — A mental health diagnosis alone does not cost an Ohio parent custody — courts look at whether the condition is affecting the child, and they weigh the health of everyone involved, including you. This guide covers what changes when a condition is untreated: emergency motions versus modification, court-ordered evaluations, what a guardian ad litem actually does, supervised parenting time with step-up plans, and the real limits on subpoenaing records.
• I Think My Ex Is Drinking or Using Drugs. Is There Anything I Can Do? (Ohio) — You do not have to prove your co-parent is using before you ask an Ohio court for help — you have to give the court a credible reason to look. This guide covers what a judge actually cares about, emergency filings versus modification, how to ask for the right test panel (fentanyl and alcohol are not on standard screens), EtG, PEth, hair and nail testing windows, alcohol monitoring during parenting time, guardians ad litem, and supervised time with step-up plans.
• 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.

Continue your Montgomery County research

• Ohio Custody guide — Statewide overview of custody in Ohio.
• Dayton family law — Local attorneys and courts serving the Dayton metro.
• Montgomery County family law guide — Court info, local filing notes, FAQs, and the downloadable Montgomery County guide.
• Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.