Grandparent & Non-Parent Custody in Perry County

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

Perry County, Ohio · New Lexington

A relative or other suitable adult can ask the Perry County Juvenile Court for legal custody of a child when neither parent can appropriately care for the child. Legal custody leaves parental rights intact but places day-to-day custody with the non-parent — different from adoption (Probate) and from guardianship.

How does a grandparent or relative get custody in Perry County, Ohio?

File a complaint or motion for legal custody in the Perry County Juvenile Court (105 N. Main St., (740) 342-1118) under R.C. 2151.23(A)(2), or intervene in an existing juvenile case. Use the Ohio Supreme Court standardized juvenile custody forms with the Parenting Proceeding Affidavit. The court applies the best-interest standard and may order an investigation or appoint a Guardian ad Litem. The new-case deposit is $300 (effective 1/1/2025), or $50 for a custody request filed inside an existing unruly/delinquency case; fee waiver is available by poverty affidavit. For short-term school and medical decisions without a custody case, a Caretaker Authorization Affidavit (R.C. 3109.65) may be available — confirm current use with the court.

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: pccommonpleas.com/

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.

Grandparent & Non-Parent Custody is the right path if…

You are a grandparent or relative raising a child whose parents can't care for them.
You need legal authority for the child's school, medical, and daily decisions.
Neither parent can appropriately care for the child right now.
You want custody without permanently ending parental rights (which is adoption).

For permanent placement that ends parental rights, an adoption is handled by the Probate Court. Compare custody.

Filing Fees

$300 new juvenile case ($50 inside an unruly/delinquency case) · GAL $500 per party · fee waiver by poverty affidavit · confirm current amounts with the Juvenile Court at (740) 342-1118

Forms & Filing Packets

Legal custody to a non-parent (Juvenile Court) — $300 new juvenile case ($50 inside an unruly/delinquency case) — eff. 1/1/2025

File a complaint or motion for legal custody under R.C. 2151.23(A)(2) using the Ohio Supreme Court juvenile custody forms with the Parenting Proceeding Affidavit; you may also intervene in an existing case.

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 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.

Short-term caretaker authorization

For school and medical decisions without a full custody case, a Caretaker Authorization Affidavit (R.C. 3109.65) may be available; confirm current use with the Juvenile Court.

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.
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.

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

Confirm legal custody fits. Legal custody leaves parental rights intact; for permanent placement that ends rights, an adoption is filed in Probate Court.
Prepare the custody complaint. Use the Ohio Supreme Court juvenile custody forms with the Parenting Proceeding Affidavit, filing under R.C. 2151.23(A)(2).
File with the $300 deposit. File at the Juvenile Court, 105 N. Main St., (740) 342-1118, and pay the $300 deposit (or a poverty affidavit); a custody request inside an unruly/delinquency case is $50.
Cooperate with any investigation. The court may order an investigation or appoint a Guardian ad Litem to assess the child's best interest.
Get the custody order. The court awards legal custody if it is in the child's best interest; a Caretaker Authorization Affidavit can cover short-term needs in the meantime.

Perry County Practice Notes

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.
Juvenile filing fees (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; a custody request filed inside an unruly/delinquency case is $50; and a Guardian ad Litem deposit is $500 per party. Fee waiver is available by poverty affidavit. Confirm current amounts with the Juvenile Court at (740) 342-1118.
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

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.
Which court handles family-law cases in Perry County?: The General Division of the Perry County Court of Common Pleas (105 N. Main St., New Lexington) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court. The Probate & Juvenile Court (also 105 N. Main St.) handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, under R.C. 2151.23) and adoptions (Probate). Domestic-relations cases are filed through the Clerk of Courts at (740) 342-1022.
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.
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.

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 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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