Perry County Child Custody Attorneys

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

Perry County, Ohio · New Lexington

In Perry County, where you file for custody depends on whether the parents are married. Married (or divorcing) parents resolve custody in the General Division; never-married parents file in the Probate & Juvenile Court's Paternity-Custody Division. Ohio uses "sole residential parent and legal custodian" or "shared parenting," decided under the child's best interest.

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Flat-fee and full-representation options: we handle the filings, the Perry County local forms, the court strategy, and the hearings — and you know the price before we start.

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How does child custody work in Perry County, Ohio?

If the parents are or were married, custody and parenting time are decided in the General Division of the Perry County Court of Common Pleas as part of a divorce, dissolution, or legal separation, using the General Division's parenting plan (Form 21.0) or shared-parenting plan (Form 20.0). If the parents were never married, custody is decided in the Probate & Juvenile Court's Paternity-Custody Division (105 N. Main St., (740) 342-5520) using the Ohio Supreme Court standardized forms with the Parenting Proceeding Affidavit. The Juvenile new-case deposit is $300 (effective 1/1/2025). Ohio designates either one sole residential parent and legal custodian or shared parenting, decided under the best-interest factors in R.C. 3109.04. Parents of minor children complete the OSU Extension co-parenting class.

Put a flat-fee custody attorney on your Perry County case

In Perry County, where you file for custody depends on whether the parents are married: married or divorcing parents resolve custody in the General Division, while never-married parents file in the Probate & Juvenile Court's Paternity-Custody Division at (740) 342-5520. Ohio designates either one sole residential parent and legal custodian or shared parenting, decided under R.C. 3109.04. Gavvl Law files in the right court and represents you on a flat fee, with payment plans available.

The correct court, determined first. The threshold question in every Perry custody case is venue — the General Division for married or divorcing parents, the Juvenile Court's Paternity-Custody Division for never-married parents, where a new case is a $300 deposit. We answer it before anything is filed.
Parentage and the parenting plan. For never-married parents, parentage is established before custody can be ordered. We prepare the parenting plan (Form 21.0) for a sole residential parent or the shared-parenting plan (Form 20.0) where both parents will be residential parents.
Framed around the best-interest factors. The court applies the R.C. 3109.04 best-interest factors and may appoint a Guardian ad Litem at $400 per party in the General Division or $500 in the Juvenile Court. We build your case around those factors rather than around what feels fair.

Parents of minor children complete OSU Extension Perry County's "Successful Co-Parenting" class ($25 cash, Somerset), and we set one flat fee approved up front for a first custody order or full representation when custody is contested. Payment plans keep a high-stakes case within reach.

Flat-fee options

Flat-fee limited scope: we draft and file the custody complaint or motion; you appear at any hearing.

Establish custody: $1,250
Modify custody: $1,450

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: Perry County Court of Common Pleas, General Division

105 N. Main Street, New Lexington, OH 43764
Phone: (740) 342-1022
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (Local Rule 2)
Website: Court website

Juvenile Branch (Never-Married Parents)

Perry County Probate & Juvenile Court
105 N. Main Street / P.O. Box 167, New Lexington, OH 43764
Phone: (740) 342-1118
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.

Custody is the right path if…

You need a first custody and parenting-time order.
You need to know whether to file in the General Division or Juvenile Court.
The parents were never married and need parentage established first.
You want a clear residential schedule and decision-making framework.

If both parents want to share decisions and remain residential parents, consider a shared-parenting plan. See shared parenting.

Filing Fees

General Division custody within a divorce ($285) or Juvenile custody case ($300) · GAL $400 (General) / $500 (Juvenile) per party · co-parenting class with minor children · confirm current amounts with the Clerk (740) 342-1022 or Juvenile Court (740) 342-1118

Forms & Filing Packets

Custody within a divorce/dissolution (General Division)

Married parents resolve custody as part of the divorce, dissolution, or legal separation in the General Division, with a parenting plan (Form 21.0), the parenting affidavit, and the support worksheet.

Parenting Plan (Perry Form 21.0) — Used where one parent will be designated the sole residential parent and legal custodian.
Parenting Proceeding Affidavit (Perry Form 3.0) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
Health Insurance Affidavit (Perry General Division) — Discloses whether health insurance is available for the children through either parent's employer, so the court can order medical support.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.

Custody for never-married parents (Juvenile Court) — $300 new juvenile case ($200 second parent) — eff. 1/1/2025

File the Ohio Supreme Court parentage/custody complaint with the Parenting Proceeding Affidavit in the Juvenile Court's Paternity-Custody Division, (740) 342-5520.

Complaint for Allocation of Parental Rights & Responsibilities (Ohio SC Form 23) — Asks the Juvenile Branch to name a residential parent and legal custodian and set a parenting-time schedule when the 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, confirming Ohio's jurisdiction over custody under the UCCJEA. Required in any case involving minor children.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time you ask the court to set or change support.
Ohio Supreme Court Domestic Relations & Juvenile Standardized Forms — The Perry County Juvenile / Paternity-Custody Division uses the Ohio Supreme Court standardized forms for parentage, custody, parenting time, and support. Confirm any local cover form with the Juvenile Court at (740) 342-1118.

How to File Custody in Perry County

Determine the right court. Married (or divorcing) parents file in the General Division; never-married parents file in the Juvenile Court's Paternity-Custody Division, (740) 342-5520.
Establish parentage if needed. For never-married parents, establish parentage before custody can be ordered.
Propose a parenting plan. Set out the residential schedule, decision-making, and support; use a shared-parenting plan (Form 20.0) if both parents will be residential parents.
Complete the co-parenting class. Both parents complete OSU Extension's "Successful Co-Parenting" class where minor children are involved.
Get the best-interest decision. The court applies the R.C. 3109.04 best-interest factors and enters the custody order.

Perry County Practice Notes

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.
Juvenile / Probate use the Ohio Supreme Court standardized forms. Unmarried-parent parentage, custody, support, and parenting-time cases are filed in the Probate & Juvenile Court (105 N. Main St., Paternity/Custody line (740) 342-5520) using the Ohio Supreme Court standardized Domestic Relations & Juvenile forms. Confirm any local cover form with the Juvenile Court at (740) 342-1118.
Co-parenting class required with minor children (Local Rule 17). In any divorce or dissolution with minor children, both parents complete "Successful Co-Parenting: Helping Children Cope With Divorce," offered by OSU Extension Perry County, 104 S. Columbus St., Somerset, (740) 743-1602. The fee is $25 cash and you must pre-register about a week ahead (Local Rule 17(4)). In a divorce you attend after the answer date; in a dissolution you complete it before the final hearing. OSU Extension sends the completion verification directly to the court.
Guardian ad Litem deposits. In a contested case the court may appoint a Guardian ad Litem to investigate and recommend an arrangement in the child's best interest. The GAL deposit is $400 per party in the General Division and $500 per party in the Juvenile Court; approved fees are typically allocated between the parents.

Frequently Asked Questions

Married vs. never-married parents — which court decides custody in Perry County?: If you are or were married, custody and parenting time are decided as part of the divorce, dissolution, or legal separation in the General Division. If the parents were never married, parentage, custody, support, and parenting time are decided in the Probate & Juvenile Court's Paternity-Custody Division (R.C. 2151.23, 3109.04), reached at (740) 342-5520, using the Ohio Supreme Court standardized forms.
What does it cost to file a custody, paternity, or support case in the Perry County Juvenile Division?: Effective 1/1/2025, a new juvenile case (parentage, custody, support, or parenting time) is a $300 deposit, with $200 for the second parent. A Motion to Reopen is $200, and a custody request filed inside an existing unruly/delinquency case is $50. A Guardian ad Litem deposit is $500 per party. A fee waiver is available by poverty affidavit. Confirm current amounts with the Juvenile Court at (740) 342-1118.
Do I have to take a parenting class in Perry County?: Yes, in any divorce or dissolution involving minor children. Both parents complete "Successful Co-Parenting: Helping Children Cope With Divorce," offered by OSU Extension Perry County, 104 S. Columbus St., Somerset ((740) 743-1602), under Local Rule 17(4). The fee is $25 cash and you must pre-register about a week ahead. In a divorce you attend after the answer date; in a dissolution you complete it before the final hearing. OSU Extension sends your completion verification directly to the court.
When does Perry County appoint a Guardian ad Litem?: In a contested custody, parenting-time, or parentage case the court may appoint a Guardian ad Litem — a court-appointed attorney who investigates and recommends a parenting arrangement in the child's best interest. The GAL deposit is $400 per party in the General Division and $500 per party in the Juvenile Court. Approved GAL fees are typically allocated between the parents.

Free Local Resources in Perry County

Perry County Clerk of Courts (General Division / Domestic Relations). Clerk Wes Harlan, 105 N. Main Street / P.O. Box 67, New Lexington, OH 43764; (740) 342-1022, fax (740) 342-5527. Files all divorce, dissolution, legal separation, and annulment cases. Forms at https://pccommonpleas.com/forms.php; e-file through the Henschen portal at https://efile.henschen.com/. The General Division (Judge Tina M. Boyer) hears all domestic-relations matters — there is no separate Domestic Relations court. The Clerk cannot give legal advice or fill out forms. Confirm current deposits before filing.
“Successful Co-Parenting” parenting class (OSU Extension, Perry County). 104 S. Columbus Street, Somerset, OH 43783; (740) 743-1602 (https://perry.osu.edu/). Required under Local Rule 17(4) for any divorce or dissolution with children under 18. Fee $25 cash, pre-register at least one week ahead. Attend after the answer date in a divorce, or before the final hearing in a dissolution. OSU Extension sends proof of completion directly to the court. Confirm the current schedule and fee when registering.
Perry County Probate & Juvenile Court. Judge Luann Cooperrider, 105 N. Main Street / P.O. Box 167, New Lexington, OH 43764 (https://perrycountyohio.gov/law-courts/perry-county-ohio-probate-and-juvenile-court/). Juvenile (740) 342-1118; Paternity/Custody Division (740) 342-5520; Probate (740) 342-1493. Hears unmarried-parent paternity, custody, parenting time, and non-parent custody (Juvenile) and adoptions (Probate), using the Supreme Court of Ohio standardized forms.
Perry County Child Support Enforcement Agency (CSEA). (740) 342-2278. Perry County's IV-D agency opens child-support cases, runs automatic wage withholding, distributes payments, and enforces orders through license suspension, tax intercept, and contempt referrals. File a IV-D Application whenever support is established or modified.
Perry County Job & Family Services / Children Services. (740) 342-3551. Investigates abuse, neglect, and dependency referrals and can file complaints in Juvenile Court. Statewide child-abuse hotline: 1-855-O-H-CHILD (1-855-642-4453).

Related to your custody 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 custody and related Ohio family law topics.

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.
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.
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.
Emergency Custody in Ohio: When and How to Get an Ex Parte Order — When a child faces immediate danger, Ohio courts can grant emergency custody on short notice through an ex parte order. Here's what qualifies and what happens next.

Keep exploring Perry County family law

Ohio Custody guide — Statewide overview of custody in Ohio.
Columbus family law — Local attorneys and courts serving the Columbus metro.
Perry County family law guide — Court info, local filing notes, FAQs, and the downloadable Perry County guide.
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