Filing for Custody in Montgomery County

Montgomery County, Ohio · Dayton

In Ohio, 'custody' means the allocation of parental rights and responsibilities. In Montgomery County, where you file depends on whether the parents were married: the Domestic Relations Court at 301 West Third Street for married or divorcing parents, the Juvenile Court at 380 West Second Street for never-married parents. The court decides using the R.C. 3109.04(F) best-interest factors.

How do I file for custody in Montgomery County, Ohio?

If you and the other parent were married, custody is decided inside your divorce or dissolution at the Montgomery County DR Court, 301 West Third Street, Dayton — file the Parenting Proceeding Affidavit, Standard Order of Parenting Time, and Ohio child-support worksheet with your packet. If you were never married, file the Allocation of Parental Rights Packet at the Montgomery County Juvenile Court, 380 West Second Street. The court applies the R.C. 3109.04(F) best-interest factors, and both parents must complete the parenting class before the final hearing.

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

301 West Third Street, 2nd & 3rd Floor, Dayton, OH 45422, Dayton, OH 45422
Phone: (937) 225-4063
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m. (closed for lunch 12:00–1:15 p.m.)
Website: drcourt.mcohio.org
e-Filing: https://mcclerkofcourts.org/

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, Dayton, OH 45422, 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.

Filing Fees

DR custody (inside divorce): included in $375/$475 divorce deposit · Juvenile custody: see the Juvenile Court fee schedule · GAL fees capped at $2,000 · Family Relations custody investigation $1,000

Forms & Filing Packets

Custody inside a Montgomery divorce/dissolution (married parents) — Included in the $475 divorce-with-children deposit

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

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.
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.
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.
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.

Montgomery County Practice Notes

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.

Frequently Asked Questions

Do I file in Domestic Relations or Juvenile Court in Montgomery County?: If you are married to the other parent (or were married when the children were born), custody, parenting time, and child support travel with the divorce, dissolution, legal separation, or annulment at the Domestic Relations Court, 301 W. Third Street. If you were never married, paternity and custody go to the Montgomery County Juvenile Court at 380 W. Second Street — a separate building in downtown Dayton. Grandparent and non-parent custody is always Juvenile.
Is the parenting class required in Montgomery County?: Yes. 'Helping Children Succeed After Divorce' is mandatory for all parties with minor children under Mont. D.R. Rule 5.5. The 3-hour class is held through Sinclair Community College. Register at go.mcohio.org or call the Parent Education Department at (937) 225-5412. File proof of completion before the final hearing.
When does Montgomery County appoint a Guardian ad Litem?: In contested custody cases the court can appoint a Guardian ad Litem, whose fees are capped at $2,000 unless the court approves more (Mont. D.R. Rule 5.2). The court can also order a custody investigation through the Family Relations Department for a $1,000 fee, (937) 225-4191. The GAL investigates and files a written report before the final hearing.
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.

Free Local 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.

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.

Keep exploring

Ohio Custody guide — Statewide overview of custody in Ohio.
Dayton family law — Local attorneys and courts serving the Dayton metro.
Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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