Shared Parenting in Montgomery County

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.

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, 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

How to File Shared Parenting in Montgomery County

1. 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.
2. 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.
3. Run the child-support worksheet. Even with shared parenting, complete the Ohio Income Shares worksheet — shared parenting does not automatically eliminate support.
4. 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.

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.

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.

Keep exploring

• Ohio Shared Parenting guide — Statewide overview of shared parenting in Ohio.
• Dayton family law — Local attorneys and courts serving the Dayton metro.
• Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.