Grandparent & Non-Parent Custody in Muskingum County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Muskingum County, Ohio · Zanesville

A relative or other suitable adult can ask for custody or companionship of a child when neither parent can appropriately care for the child. In Muskingum County these third-party cases are filed in the Domestic Relations Court, which posts dedicated non-parent forms. A relative caring for a child short-term may instead use a Caretaker Affidavit for school and medical decisions.

How does a grandparent or non-parent get custody in Muskingum County, Ohio?

File a Complaint for Custody — Non-Parent (tab 27) in the Domestic Relations Court — $175 deposit (+$50 per party for Sheriff service) — with the DR3 parenting affidavit. You may also seek Companionship Time Non-Parent (tab 30). The Court applies the best-interest standard and may order a home study or appoint a Guardian ad Litem. For short-term care without a custody case, a relative may use a Caretaker Affidavit (tab 64). A fee waiver is available.

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: Muskingum County Court of Common Pleas — Domestic Relations Division

22 N. 5th Street, 2nd Floor
Phone: (740) 455-7190
Hours: Monday–Friday, 8:00 a.m.–4:30 p.m. (Clerk's DR Division files documents 8:30 a.m.–4:30 p.m.)
Website: www.muskingumcountyoh.gov/Courts/Domestic-Relations/

A non-parent custody case fits if…

You are a grandparent, relative, or other suitable adult seeking custody or companionship of a child.
Neither parent can appropriately care for the child right now.
You want a court order — not just an informal arrangement — for custody or visitation.
You understand legal custody is different from adoption (which ends parental rights and goes to Probate Court).

Filing Fees

$175 deposit for a non-parent custody/companionship complaint · +$50 per party for Sheriff service · Caretaker Affidavit has no custody-case deposit · fee waiver available. Confirm current amounts with the Clerk at (740) 455-7898.

Forms & Filing Packets

Non-parent custody — $175 deposit (+$50 per party for Sheriff service)

File a Complaint for Custody — Non-Parent with the DR3 parenting affidavit. The Court applies the best-interest standard and may order a home study or appoint a GAL.

Complaint for Custody — Non-Parent (Muskingum County, tab 27) — Lets a relative or other suitable adult ask for legal custody when neither parent can appropriately care for the child (proof of paternity required).
Parenting Proceeding Affidavit DR3 (UCCJEA · R.C. 3127.23) (Muskingum County, tab 50) — Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction. Required in any case with minor children.

Non-parent companionship time — $175 deposit (+$50 per party for Sheriff service)

File a Complaint for Companionship Time — Non-Parent (tab 30) to ask for scheduled visitation with the child.

Complaint for Companionship Time — Non-Parent (Muskingum County, tab 30) — Lets a grandparent or other non-parent ask the court for companionship/visitation time with a child.
Parenting Proceeding Affidavit DR3 (UCCJEA · R.C. 3127.23) (Muskingum County, tab 50) — Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction. Required in any case with minor children.

Short-term care — Caretaker Affidavit — No custody-case deposit

A relative caring for a child short-term may use a Caretaker Affidavit (tab 64) to make school and medical decisions without opening a custody case.

Caretaker Affidavit (Muskingum County, tab 64) — Lets a relative caring for a child short-term make school and medical decisions without opening a custody case.

How to File Grandparent & Non-Parent Custody in Muskingum County

Choose custody or companionship. Decide whether you need legal custody (day-to-day care) or only companionship/visitation time, and use the matching non-parent complaint (tab 27 or tab 30).
Complete the forms. Add the DR3 parenting affidavit (UCCJEA). For short-term school and medical decisions only, consider a Caretaker Affidavit (tab 64) instead.
File and pay the deposit. File with the Clerk's DR Division and pay the $175 deposit (add $50 per party for Sheriff service) or request a fee waiver.
Attend the hearing. The Court applies the best-interest standard and may order a home study or appoint a Guardian ad Litem before deciding.

Muskingum County Practice Notes

Custody is not adoption. Legal custody (Domestic Relations Court) gives day-to-day care and decision-making but does not permanently end a parent's rights. Adoption (Probate Court, (740) 455-7113) permanently terminates parental rights and creates a new legal parent.
Caretaker Affidavit for short-term decisions. A relative caring for a child short-term may use a Caretaker Affidavit (tab 64) to make school and medical decisions without a custody case. Confirm its scope and current requirements with the Court.
Abuse/neglect cases go to Juvenile Court. If a child is alleged abused, neglected, or dependent, custody may instead be addressed in a Juvenile Court Children Services case (740) 453-0351.
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

I'm raising my grandchild — where do I file for custody in Muskingum County?: File a Complaint for Custody — Non-Parent (tab 27) in the Domestic Relations Court, which posts dedicated non-parent forms. You may also seek Companionship Time Non-Parent (tab 30). The Court applies the best-interest standard and may order a home study or appoint a GAL.
Is legal custody the same as adoption in Muskingum County?: No. Legal custody (Domestic Relations Court) gives day-to-day care and decision-making but does not permanently end a parent's rights. Adoption (Probate Court, (740) 455-7113) permanently terminates parental rights and creates a new legal parent.
Can I make school and medical decisions for a child short-term without a custody case?: A relative caring for a child short-term may use a Caretaker Affidavit (tab 64) to make school and medical decisions without opening a custody case. Confirm its scope and current requirements with the Court.
When does Muskingum County appoint a Guardian ad Litem?: In a contested custody or parenting matter the Court can appoint a Guardian ad Litem to investigate and recommend what is in the child's best interest (Sup.R. 48; Local Rules 9.01–9.13). The Court sets GAL fees and apportions an initial deposit between the parties, due to the Clerk within 14 days of the appointment entry; the GAL takes no action until the deposit is paid (Rule 9.10).
How much does it cost to file a family-law case in Muskingum County?: A divorce, legal separation, or annulment deposit is $225; a dissolution is $175 ($200 with children); a custody, parenting-time, or support complaint is $175; a post-judgment motion is $150. Add $50 per party for Sheriff service. There is no fee for a DVCPO petitioner. A Civil Fee Waiver Affidavit can waive the deposit. Confirm current amounts with the Clerk at (740) 455-7898.

Free Local Resources in Muskingum County

Muskingum County Clerk of Courts — Domestic Relations Division. Files all DR documents at 22 N. 5th Street, 2nd Floor, Zanesville — (740) 455-7898. An advance cost deposit is required before filing (Local Rule 1.07); a Civil Fee Waiver Affidavit can waive it. Forms are on the Court's Domestic Forms page (tabs 1–66).
Domestic Relations Help Desk (free legal clinic). Free help for income-eligible people with simple custody, divorce, and dissolution cases — 4th Monday monthly, 11:00 a.m.–1:00 p.m., at the DR Court, 22 N. 5th Street, 2nd Floor. Preregister with Legal Aid of Southeastern & Central Ohio (LASCO) at (614) 827-0504 (intake (866) 529-6446; seols.org).
Domestic Relations Court Mediation Department. The Court runs an in-house Mediation Department. It can order mediation, accepts voluntary post-decree requests without a motion, and offers mediation before a case is filed — call (740) 455-7190 (Local Rules 3.01–3.09).
Transitions (domestic-violence shelter & CPO advocacy). Provides shelter and free protection-order advocacy and can attend court with you — (740) 454-3213. There is no filing fee for a DVCPO petitioner (R.C. 3113.31(K)).
Co-Parenting Seminar registration. The required 2-hour Co-Parenting Seminar (Local Rule 7.07) is offered online; register by calling the Court at (740) 455-7190. The $10 seminar fee is among the Court's costs — confirm the current cost when registering.

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.

Keep exploring

Ohio Grandparent / Non-Parent Custody guide — Statewide overview of grandparent / non-parent custody in Ohio.
Columbus family law — Local attorneys and courts serving the Columbus metro.
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