Montgomery County Grandparent & Non-Parent Custody Attorneys

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 4, 2026

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.

Hire Gavvl for your Montgomery County non-parent 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.

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.

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.

Hire Gavvl Law for grandparent or non-parent custody in Montgomery County

Grandparents, relatives, and caregivers can ask the Montgomery County Juvenile Court at 380 West Second Street for legal custody, but Ohio sets a steep bar: under In re Perales a court cannot hand custody to a non-parent unless both parents are found unsuitable. Showing the child is better off with you is not enough. Gavvl Law builds the unsuitability case the statute and case law demand, on a flat fee approved before we start, with payment plans available.

Meeting the Perales unsuitability standard. The court must first find both parents unsuitable on one of four grounds — contractual relinquishment, abandonment, total inability to care for the child, or that parental custody would be detrimental. We gather the evidence for the specific ground that fits your situation, because best interest alone will not carry a non-parent case.
Custody versus a temporary authorization. If a parent will cooperate, a Grandparent Power of Attorney under R.C. 3109.52 or a Caretaker Authorization Affidavit can authorize school enrollment and medical care without a full custody fight. We tell you plainly whether the faster temporary route fits or whether you need to litigate full legal custody.
Prepared for a contested hearing. When parents contest a non-parent case, the Juvenile Court can appoint a Guardian ad Litem to investigate and recommend what is best for the child. We prepare you and your household for that scrutiny and work with the GAL's process instead of being caught off guard by it.

The Juvenile Court's Citizen Services at (937) 224-3977 hands out the Non-Parent Custody and Companionship packet and the POA and Caretaker packets for free, but the counter cannot prove a parent unsuitable for you. We carry the evidentiary weight of a Perales case — the part self-help forms cannot do — from filing through the contested hearing.

Flat-fee options

Flat-fee limited scope: we draft and file the grandparent companionship/visitation motion or a non-parent custody complaint. You appear at any hearing.

Grandparent companionship / visitation motion: $950
Non-parent custody complaint: $1,250

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

Split any flat fee with Gavvl Direct — our in-house plan at 19% APR, $500 minimum — on a 60%-down schedule of 18 weekly, 8 bi-weekly, or 4 monthly payments, or full financing where work begins once 60% is paid. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.

Start your non-parent custody case or see payment plans & financing.

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: Montgomery County Court of Common Pleas, Domestic Relations Division

301 West Third Street, 2nd & 3rd Floor, 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: Court website
e-Filing: Online e-filing portal

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.

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 case, the Montgomery County Juvenile Court, (937) 496-7908, 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.

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.

More Montgomery County family-law resources

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.
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.

Call (513) 643-1969 or email support@gavvl.com.