Montgomery County Shared Parenting Attorneys

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

Montgomery County, Ohio · Dayton

Shared parenting makes both parents residential parents and legal custodians under a written plan. In Montgomery County, married parents file the plan with their divorce or dissolution at the DR Court; never-married parents file at the Juvenile Court. The plan must address every R.C. 3109.04(G) factor, and the court reviews it against the children's best interest.

Hire Gavvl for your Montgomery County shared parenting 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.

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How do I file a shared parenting plan in Montgomery County, Ohio?

Prepare a written Shared Parenting Plan that meets the R.C. 3109.04(G) factors — living arrangements, holidays, decision-making, transportation, school and health care, tax exemptions, and dispute resolution. Married parents file it with their divorce or dissolution at the Montgomery County DR Court (301 West Third Street); never-married parents file with the Allocation of Parental Rights Packet at the Juvenile Court (380 West Second Street). Montgomery's Standard Order of Parenting Time applies for any issue the plan doesn't cover.

Put a flat-fee attorney on your Montgomery County shared parenting plan

Shared parenting makes both parents residential parents and legal custodians under one written plan, but Montgomery County routinely sends plans back that skip a required R.C. 3109.04(G) factor. Married parents file the plan with a divorce or dissolution at the DR Court on West Third Street; never-married parents file the Allocation of Parental Rights packet at the Juvenile Court on West Second Street. Gavvl Law drafts a plan that survives review the first time, on one flat fee agreed before we start.

Every R.C. 3109.04(G) factor addressed. A Montgomery shared parenting plan must cover living arrangements, the holiday and vacation schedule, decision-making, transportation, school and health care, tax exemptions, child support, and dispute resolution. We draft each of those so the plan is approved rather than returned for revision.
Filed in the right courthouse. Whether your plan belongs with a Domestic Relations divorce or in a stand-alone Juvenile allocation case turns entirely on whether you were married. We file in the correct building — 301 West Third Street or 380 West Second Street — so the plan lands in front of the judge who can actually approve it.
Standard Order gaps closed on purpose. Anything your plan leaves out defaults to Montgomery's Standard Order of Parenting Time (effective January 1, 2026), and the overnight count drives the support calculation. We spell out holidays, summer, and transportation deliberately instead of letting the default schedule decide them for you.

Because the overnight split in your plan feeds the Ohio Income Shares support worksheet, a plan drafted casually can quietly change what one parent pays. We align the parenting schedule and the support numbers together, and confirm your filing clears the DR Court's Compliance Office review when you are self-represented — so the plan and the money match.

Flat-fee options

Flat-fee limited scope: we draft and file the complaint to establish custody and parenting time, or prepare your shared parenting plan for filing. You appear at any hearing.

Establish custody & parenting time: $1,250
Shared parenting plan (drafting): $1,650

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.

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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.

Shared Parenting is the right path if…

Both parents want to be named residential parent and legal custodian.
You can cooperate on schedules, school, and major decisions for the children.
You can put a complete plan in writing covering every R.C. 3109.04(G) factor.
Ohio is the children's home state under the UCCJEA.

Filing Fees

Inside a divorce: included in the divorce deposit · Juvenile filings follow the Juvenile Court fee schedule

Forms & Filing Packets

Shared parenting plan with a divorce/dissolution (married parents)

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 fills any gap your shared parenting plan doesn't address and sets 90 overnights for support purposes.
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.

Shared parenting plan — Juvenile Court (never-married parents)

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.
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.

How to File Shared Parenting in Montgomery County

Draft a complete plan. Cover every R.C. 3109.04(G) factor: living arrangements, holiday and summer schedule, decision-making, transportation, school and health care, tax exemptions, and dispute resolution.
Pick your court. Married parents file the plan with the divorce or dissolution at the DR Court; never-married parents file at the Juvenile Court with the Allocation of Parental Rights Packet.
Run the child-support worksheet. Even with shared parenting, complete the Ohio Income Shares worksheet — shared parenting does not automatically eliminate support.
File and complete the parenting class. File the plan with your packet, complete 'Helping Children Succeed After Divorce,' and file proof before the final hearing.

Montgomery County Practice Notes

Shared parenting plan must address every R.C. 3109.04(G) factor. A written Shared Parenting Plan must address physical living arrangements, holiday and vacation schedule, child support, decision-making authority, transportation, school and health-care decisions, tax exemptions, and dispute resolution. Plans that skip a factor are routinely sent back for revision.
Standard Order of Parenting Time fills the gaps. Anything your shared parenting plan does not spell out defaults to Montgomery's Standard Order of Parenting Time (effective January 1, 2026). Address holidays, summer, transportation, and decision-making in detail to avoid disputes.
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.

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 shared parenting 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 shared parenting and related Ohio family law topics.

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.
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.
Fathers' Rights in Ohio: Custody, Paternity, and Parenting Time — Ohio law does not favor mothers over fathers — but unmarried fathers must establish paternity before they have any rights. Here's how fathers protect their relationship with their children.