Grandparent & Non-Parent Custody in Ross County

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

Ross County, Ohio · Chillicothe

A relative or other suitable non-parent can ask the Ross County Juvenile Division for legal custody of a child (R.C. 2151.23). Legal custody gives day-to-day care and decision-making but does not permanently terminate parental rights — that is adoption, a Probate matter.

How can a grandparent or relative get custody in Ross County, Ohio?

File a complaint for legal custody in the Ross County Probate/Juvenile Court, 2 N. Paint St., Suite A, Chillicothe, (740) 774-1177, with the Parenting Proceeding Affidavit and a Personal Identifier Information Sheet; it is filed as a Paternity/Custody/Visitation Complaint ($115, plus $75 for a home investigation). To join an existing case, file a Motion to Intervene (local Form 11). For a less formal arrangement, a Grandparent Power of Attorney or a Caretaker Authorization Affidavit lets a relative handle school and medical needs without a full custody case (file a Parenting Proceeding Affidavit with it). Legal custody is different from adoption, which permanently changes parentage.

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 typeWho makes major decisionsWhere the child livesBest when
Shared parentingBoth parents jointly, under a written planTime is split per the plan (not always 50/50)Parents can communicate and cooperate on decisions
Sole legal & residentialOne parentPrimarily with that parentOne parent is unable or unwilling to co-parent
Split custodyEach parent for the child in their careSiblings are divided between the two homesRare — only when it serves each child's best interest
Legal custody to a non-parentThe relative or caregiver granted custodyWith the non-parent caregiverNeither parent can safely care for the child

Where to File: Ross County Court of Common Pleas, General Division

2 N. Paint Street, Chillicothe, OH 45601
Phone: (740) 702-3032
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.rosscountycommonpleas.org/

Juvenile Branch (Never-Married Parents)

Ross County Court of Common Pleas, Probate/Juvenile Division
2 N. Paint Street, Suite A, Chillicothe, OH 45601
Phone: (740) 774-1177
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)

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

  • You are a grandparent or relative caring for a child whose parents can't.
  • You need legal authority for the child's school and medical decisions.
  • You want day-to-day custody without permanently ending parental rights.
  • You may need to join an existing Juvenile custody case.

Filing Fees

$115 Custody Complaint (+$75 home investigation) · Power of Attorney / Caretaker Authorization handled by the court (confirm any nominal fee) · confirm current amounts with the Probate/Juvenile Court at (740) 774-1177

Forms & Filing Packets

Legal-custody complaint (Juvenile Division) — $115 Custody Complaint (+$75 home investigation) — eff. 12/13/2023

File a complaint for legal custody with the Parenting Proceeding Affidavit and a Personal Identifier Information Sheet; to join an existing case, file a Motion to Intervene (Form 11).

Power of Attorney / Caretaker Authorization (kinship)

Use a Grandparent Power of Attorney or a Caretaker Authorization Affidavit to handle the child's school and medical needs without a full custody case; file a Parenting Proceeding Affidavit with it.

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

  1. Choose custody or a kinship authorization. Decide between a full legal-custody case and a Power of Attorney or Caretaker Authorization Affidavit for a less formal arrangement.
  2. Prepare the packet. For custody, complete the complaint, the Parenting Proceeding Affidavit, and a Personal Identifier Information Sheet; for kinship, complete the POA or Caretaker Affidavit plus a Parenting Proceeding Affidavit.
  3. File in the Juvenile Division. File at 2 N. Paint St., Suite A, Chillicothe, (740) 774-1177; a custody complaint is $115 (add $75 for a home investigation).
  4. Intervene if a case exists. If there is already a Juvenile case about the child, file a Motion to Intervene (Form 11).
  5. Attend the best-interest hearing. The court decides legal custody under the child's best interest; legal custody does not permanently terminate parental rights.

Ross County Practice Notes

  • Juvenile Division uses its own local form set. Unmarried-parent parentage, custody, support, and parenting-time cases are filed in the Probate/Juvenile Court (2 N. Paint St., Suite A, (740) 774-1177) using its local forms — Forms 11 and 20–31 and Affidavits 1, 3, and 4 — plus Pro Se Instructions re Custody and Visitation. The Ohio Supreme Court standardized forms are also accepted.
  • Juvenile filing fees (effective 12/13/2023). A Paternity, Custody, or Visitation Complaint is $115 (add $75 for a home investigation or $100 for a jury-trial request); a Motion to Reopen is $100; a Child Support Complaint is $100. Fees are subject to change — confirm with the Probate/Juvenile Court at (740) 774-1177.
  • 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

Married vs. never-married parents — which court decides custody in Ross 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 Juvenile Division (R.C. 2151.23) using the court's local forms (Forms 11, 20–31; Affidavits 1, 3, 4).
What does it cost to file a custody, paternity, or support case in the Ross County Juvenile Division?
Effective 12/13/2023, a Paternity, Custody, or Visitation Complaint is $115 in the Probate/Juvenile Court (add $75 if a home investigation is requested, or $100 for a jury-trial request). A Motion to Reopen a paternity/custody/support/visitation case is $100, and a Child Support Complaint is $100. Fees are subject to change — confirm with the Probate/Juvenile Court at (740) 774-1177.
Which court handles family-law cases in Ross County?
The General Division of the Ross County Court of Common Pleas (2 N. Paint St., Chillicothe) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court. The combined Probate/Juvenile Court (2 N. Paint St., Suite A) handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, under R.C. 2151.23) and adoptions (Probate). Cases are filed through the Clerk of Courts at (740) 702-3010.
When does Ross County appoint a Guardian ad Litem?
Under General Division Local Rule 20.13, the court may (and where a statute requires, must) appoint a Guardian ad Litem to represent a child's best interest in a divorce, allocation of parental rights, or companionship case. The GAL must be certified under the Ohio Rules of Superintendence. The Clerk's schedule sets the GAL deposit at $400 per party; approved fees are paid before the final hearing.

Free Local Resources in Ross County

  • Ross County Clerk of Courts (General Division / Domestic Relations). 2 N. Paint St., Suite B, Chillicothe, OH 45601; (740) 702-3010. Files all divorce, dissolution, legal separation, and annulment cases, posts the legal forms and the Divorce/Dissolution checklist, and confirms current deposits. Online payment via nCourt; records via eAccess. The General Division hears all DR matters — there is no separate Domestic Relations court.
  • LegalAtoms — free guided divorce & dissolution prep. https://legalatoms.com/ross/ — the Clerk's free, guided tool (English and Spanish) that prepares Ross County divorce and dissolution paperwork to print and file. It does not give legal advice.
  • Families in Transition (FiT) parenting class. The Child Protection Center, 138 Marietta Road, Suite E, Chillicothe; (740) 779-7431. Required within 60 days in any divorce/dissolution or custody/companionship-modification with minor children (Local Rule 20.12; Juvenile County Rule 13). Fee $25 (exact cash or PayPal); certificate valid one year. Confirm current class dates when registering.
  • Ross County Probate/Juvenile Court. 2 N. Paint St., Suite A, Chillicothe; (740) 774-1177 or (740) 774-1179 (https://www.rossprobatejuvenile.com/). Judge J. Jeffrey Benson. Hears unmarried-parent parentage, custody, support, and parenting time (Juvenile) and adoptions (Probate), using local Forms 11 and 20–31.
  • Ross County Child Support Enforcement Agency (CSEA). 475 Western Ave, Ste. B, Chillicothe, OH 45601; (740) 773-2651 (https://jfs.ohio.gov/about/local-agencies-directory/csea-ross). Administrator Rick Reynolds. Establishes, calculates, collects, and enforces support; payments are routed through South Central Ohio Job & Family Services (SCOJFS).

Other Family-Law Topics in Ross County

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.

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Call (844) 694-2885 or email support@gavvl.com.