Grandparent & Non-Parent Custody in Montgomery County

Montgomery County, Ohio · Dayton

Grandparents, relatives, and caregivers can ask the Montgomery County Juvenile Court at 380 West Second Street for legal custody of a child. But Ohio sets a high bar: under In re Perales, a court cannot give custody to a non-parent unless both parents are found unsuitable. The Juvenile Court's Citizen Services provides the Non-Parent Custody packet and free pro se help.

How does a grandparent get custody in Montgomery County, Ohio?

File the Non-Parent Custody & Companionship Packet at the Montgomery County Juvenile Court, 380 West Second Street, Dayton. To award custody to a non-parent, the court must first find both parents unsuitable under In re Perales — by contractual relinquishment, abandonment, total inability to care for the child, or that parental custody would be detrimental. Best interest alone is not enough. Citizen Services, (937) 224-3977, provides the packet and free pro se assistance.

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.

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

You are a grandparent, relative, or caregiver seeking legal custody of a child.
Both parents are unfit, absent, or unable to safely care for the child.
You can show one of the four Perales unsuitability grounds — not just that the child is better off with you.
Ohio is the child's home state under the UCCJEA.

Filing Fees

Juvenile Court custody filings follow the Juvenile Court fee schedule · Power of Attorney and Caretaker Authorization are lower-cost temporary alternatives

Forms & Filing Packets

Non-parent / grandparent custody (Juvenile Court)

Non-Parent Custody & Companionship Packet (Juvenile Court) — The Montgomery County Juvenile Court packet for a grandparent, relative, or caregiver to seek legal custody. The court must find both parents unsuitable under In re Perales.
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.

Grandparent Power of Attorney / Caretaker Authorization

A temporary alternative to full custody when a parent agrees to delegate care. Lets a grandparent or caregiver enroll the child in school and consent to medical care without a custody fight.

Grandparent Power of Attorney Packet (Juvenile Court) — Lets a parent delegate decision-making to a grandparent under R.C. 3109.52 without a full custody case.
Caretaker Authorization Affidavit Packet (Juvenile Court) — Used when a relative is caring for a child but cannot obtain a parent's signature for a Power of Attorney.

How to File Grandparent / Non-Parent Custody in Montgomery County

Decide custody vs. a temporary arrangement. Full legal custody requires a Perales finding; a Power of Attorney or Caretaker Authorization is a faster temporary option when a parent cooperates.
Get the Juvenile Court packet. Use the Non-Parent Custody & Companionship Packet (or the POA / Caretaker packets) from mcjcohio.org or Citizen Services.
Document parental unsuitability. Gather evidence of abandonment, inability to care, relinquishment, or detriment — best interest alone will not win a non-parent custody case.
File at the Juvenile Court. File at 380 West Second Street, Dayton. Citizen Services, (937) 224-3977, can review your packet before filing.

Montgomery County Practice Notes

In re Perales is the gate for non-parent custody. Without a finding that BOTH parents are unsuitable, an Ohio court cannot award custody to a non-parent — even if the child is thriving with the non-parent. The four Perales grounds are: contractual relinquishment of custody, abandonment, total inability to care for the child, or detriment from placement with the parents. Best interest alone is not enough.
Power of Attorney vs. legal custody. A Grandparent Power of Attorney or Caretaker Authorization Affidavit is a temporary, revocable way to authorize school enrollment and medical care — it does not give legal custody. Full custody requires a Perales unsuitability finding.
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.
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 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.

Keep exploring

Ohio Grandparent / Non-Parent Custody guide — Statewide overview of grandparent / non-parent 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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