Scioto County Child Custody Attorneys
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Scioto County, Ohio · Portsmouth
In Ohio, "custody" means the allocation of parental rights and responsibilities. Scioto County has a standalone Domestic Relations Division that decides custody inside a divorce, dissolution, legal separation, or annulment and also hears parentage cases for unmarried parents; the Scioto County Juvenile Court shares jurisdiction over never-married custody, parentage, and support. The court decides custody and parenting time using the R.C. 3109.04(F) best-interest factors, and parents of minor children must complete the "Successful Co-Parenting" class before the final hearing.
Hire Gavvl for your Scioto County custody case
Flat-fee and full-representation options: we handle the filings, the Scioto County local forms, the court strategy, and the hearings — and you know the price before we start.
Start with a $25 consultation and talk through your options with an Ohio family-law attorney before you commit to anything. Get started online or see payment plans & financing.
How do I file for custody in Scioto County, Ohio?
If you and the other parent were married, custody is decided inside your divorce, dissolution, legal separation, or annulment at the Scioto County Domestic Relations Division — file the Parenting Proceeding Affidavit (UCCJEA, R.C. 3127.23) and an Ohio Child Support Computation Worksheet with your case packet. If you were never married, you establish parentage and ask for an allocation of parental rights; that case can be filed in the Domestic Relations Division (R.C. 3111) or the Juvenile Court (R.C. 2151.23), so confirm the right court for your situation. The divorce/dissolution deposit is $250; never-married custody filed in the Juvenile Court is $275 for the first child and $125 for each additional child, plus a $25 drug/alcohol screen. Parents of minor children must complete the "Successful Co-Parenting" class before the merit hearing. Confirm current fees with the Clerk's Legal Division or the DR Division at (740) 355-8316.
Hire Gavvl Law for your Scioto County custody case
In Ohio, custody is the allocation of parental rights and responsibilities, and where you file it in Scioto County depends on your marriage: the standalone Domestic Relations Division decides custody inside a divorce, dissolution, legal separation, or annulment, while the Juvenile Court shares jurisdiction over never-married parents. Gavvl Law files in the right court, builds the record around the R.C. 3109.04(F) best-interest factors, and offers a flat fee for straightforward cases or full representation when custody is fought.
- The right court for married and never-married parents. Married parents' custody is decided inside the divorce or dissolution at the Domestic Relations Division; never-married parents must establish parentage first and can file under R.C. 3111 in Domestic Relations or R.C. 2151.23 in the Juvenile Court. We confirm which court fits before filing so your case is not started in the wrong place.
- A case built on the best-interest factors. Scioto County allocates custody and parenting time on the R.C. 3109.04(F) best-interest factors, and shared parenting requires a plan addressing every R.C. 3109.04(G) factor. We gather the evidence those factors actually turn on and draft a plan the court can approve rather than send back.
- The UCCJEA affidavit and worksheet done right. Any parenting request in Scioto County needs the Parenting Proceeding Affidavit (UCCJEA, R.C. 3127.23) under DR Rule 1.12, plus the Ohio Child Support Computation Worksheet when support is at issue. We prepare both so jurisdiction is clear and support is calculated correctly from the start.
The filing cost tracks your path in Scioto County — custody is included in the $250 divorce or dissolution deposit for married parents, while never-married custody in the Juvenile Court runs $275 for the first child and $125 for each additional, plus a $25 drug/alcohol screen. We complete the Successful Co-Parenting class before the merit hearing and confirm current fees with the Domestic Relations Division at (740) 355-8316.
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.
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: Scioto County Court of Common Pleas — Domestic Relations Division
602 7th St, Room 303, Portsmouth, OH 45662Phone: (740) 355-8316
Hours: Monday–Friday, 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM)
Website: Court website
Juvenile Branch (Never-Married Parents)
Scioto County Juvenile Court
602 7th St #201, Portsmouth, OH 45662
Phone: (740) 355-8306
Hours: Monday–Friday, 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM)
Custody is the right path if…
- You need a court order setting who the children live with and how parenting time and decision-making are divided.
- You and the other parent can't agree on parenting time, school enrollment, or major decisions for the children.
- Ohio is the children's home state under the UCCJEA — they've lived in Ohio for the last 6 months.
- You can complete the "Successful Co-Parenting" class and file the Certificate of Attendance before the merit hearing.
Filing Fees
Custody inside a divorce/dissolution: part of the $250 DR case deposit · Reopened DR case / post-decree motion: $130 · Never-married custody in Juvenile Court: $275 first child / $125 each additional + $25 drug/alcohol screen (pro-se packet $5) · "Successful Co-Parenting" class: minimal cost to the provider · GAL deposit (contested DR cases): $800, allocated between the parents. Confirm current amounts with the Clerk's Legal Division or the DR Division at (740) 355-8316.
Forms & Filing Packets
Custody inside a Scioto County divorce, dissolution, legal separation, or annulment (married parents) — Included in the $250 divorce/dissolution deposit
Filed in the standalone Scioto County Domestic Relations Division. When parents are married, custody, parenting time, and child support are decided inside the divorce or dissolution — there is no separate "custody case."
- Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody. A UCCJEA affidavit is required for any parenting request (DR Rule 1.12).
- Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.
Custody for never-married parents (Domestic Relations parentage or Juvenile Court) — Juvenile Court: $275 first child / $125 each additional, plus a $25 drug/alcohol screen (pro-se packet $5)
When the parents were never married, parentage must be established (by Acknowledgment of Paternity, a prior judgment, or genetic testing) before custody can be allocated. The case can be filed in the Domestic Relations Division under R.C. 3111 or in the Scioto County Juvenile Court under R.C. 2151.23 — which fits is fact-specific, so confirm the right court before filing.
- Parenting Proceeding Affidavit (UCCJEA · R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's jurisdiction over custody.
- Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you're asking the court to set support.
How to File Custody in Scioto County
- Pick the right court — Domestic Relations or Juvenile. Married or divorcing parents file in the standalone Scioto County Domestic Relations Division. Never-married parents can file a parentage case in the Domestic Relations Division (R.C. 3111) or the Juvenile Court (R.C. 2151.23) — confirm which fits. Grandparent and other non-parent custody is always Juvenile.
- Confirm Ohio is the children's home state under the UCCJEA. The children must have lived in Ohio for at least the prior 6 months (or you must qualify under a UCCJEA exception). The Parenting Proceeding Affidavit (R.C. 3127.23) is how you swear to those facts; a UCCJEA affidavit is required for any parenting request (DR Rule 1.12).
- Complete the "Successful Co-Parenting" class. Parents of minor children complete the OSU Extension seminar online at scponline.osu.edu (registered via DR Form 11) within 60 days, and file the Certificate of Attendance before the final hearing (DR Rule 6.02).
- Assemble your forms packet. Married parents: the divorce/dissolution packet plus the Parenting Proceeding Affidavit and an Ohio Child Support Computation Worksheet (add a proposed Shared Parenting Plan if you are asking for shared parenting). Never-married parents: a parentage/custody complaint, the UCCJEA affidavit, and the support worksheet (the Juvenile pro-se packet is $5 in person).
- File and serve the other parent. File your packet (DR deposit $250; Juvenile custody $275 first child / $125 each additional plus the $25 screen) and arrange service on the other parent. Ask about a Poverty Affidavit (DR Form 12) or Affidavit of Indigency if you can't afford the deposit.
- Attend the hearing — both parents required. The court holds a pretrial or status conference first, then a merit hearing if the case does not settle. The Guardian ad Litem report (if one is appointed) is filed before the merit hearing, and the judge or magistrate applies the R.C. 3109.04(F) best-interest factors.
Scioto County Practice Notes
- A standalone Domestic Relations Division that also hears parentage. Scioto County has a standalone Domestic Relations Division (Judge Jerry L. Buckler; Magistrate Robert M. Johnson) at 602 7th St, Room 303, Portsmouth. It hears divorce, dissolution, legal separation, annulment, parentage under R.C. 3111, and custody and support for both married and unmarried parents. The Juvenile Division shares concurrent jurisdiction over unmarried custody, parentage, and support, so confirm which court fits a never-married case before filing.
- Guardian ad Litem in contested cases ($800 DR deposit). 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 deposit in the Domestic Relations Division is $800 (DR Rules 1.06(E)/3.07(B)), typically allocated between the parents. The GAL represents what is best for the child, not the child's wishes.
- Standard Parenting Time Order and the 100-mile rule. Unless the court orders otherwise, parenting time follows Scioto County's Standard Parenting Time Order (DR Rule 9.0): alternating weekends Friday 6 p.m.–Sunday 6 p.m., an off-week Wednesday overnight, alternating summer weeks with a 14-day block, and odd/even-year holidays. A 100-mile provision lets either parent seek a modified schedule when the parents live more than 100 miles apart.
Frequently Asked Questions
- Do I file custody in Domestic Relations or Juvenile Court in Scioto County?
- Divorce, dissolution, legal separation, and annulment are always filed in the standalone Domestic Relations Division, where custody, parenting time, and support are decided inside the case. That division also has jurisdiction over parentage (R.C. 3111) and the allocation of parental rights for unmarried parents, and the Juvenile Division shares concurrent jurisdiction over unmarried custody, parentage, and support (R.C. 2151.23). Which court fits an unmarried-parent case is fact-specific — for example, whether a DR case already exists — so confirm the right court before filing. Grandparent and other non-parent custody requests are filed in the Juvenile Division.
- What are the residency requirements to file for custody in Scioto County?
- For custody decided inside a divorce, dissolution, or annulment, Ohio law generally requires a spouse to have lived in Ohio for at least 6 months before filing (R.C. 3105.03), with county venue where the plaintiff has resided (commonly about 90 days, Civ.R. 3). A legal separation has no 6-month residency requirement. For never-married parents, Ohio must be the children's "home state" under the UCCJEA (R.C. 3127) — generally, the children have lived in Ohio for the last 6 consecutive months.
- Is a parenting class required for custody cases in Scioto County?
- Yes, for cases with minor children. The Domestic Relations Division requires both parents in a divorce, dissolution, or legal separation involving minor children to complete "Successful Co-Parenting," a 3-hour research-based seminar offered through Ohio State University Extension and taken online at https://scponline.osu.edu (registered via DR Form 11). It must be completed within 60 days after service of the divorce complaint or filing of the dissolution petition, and the Certificate of Attendance is furnished to the court at the final pretrial or dissolution hearing (DR Rule 6.02). The cost is minimal, paid to the provider. The Juvenile Local Rules do not establish a separate stand-alone parenting class — confirm with the Juvenile Court whether one is required in a custody case.
- How does a Scioto County court decide custody?
- Scioto County courts allocate custody and parenting time using the R.C. 3109.04(F)(1) best-interest factors: each parent's wishes, the child's wishes (when the court interviews the child), the child's relationships with parents and siblings, the child's adjustment to home, school, and community, the mental and physical health of everyone involved, which parent is more likely to honor court-approved parenting time, child-support compliance, any history of abuse or neglect, and whether a parent plans to live outside Ohio. Ohio allows either sole custody (one residential parent and legal custodian) or shared parenting under a written plan.
- When does Scioto County appoint a Guardian ad Litem?
- In a contested custody case, the court can appoint a Guardian ad Litem (GAL) — a court-appointed attorney who investigates and files a written report recommending what is in the children's best interest before the merit hearing. The GAL deposit in the Domestic Relations Division is $800 (DR Rules 1.06(E)/3.07(B)), typically allocated between the parents. In the Juvenile Division the deposit is set by the court at appointment, with no deposit in cases filed by Scioto County Children Services. The GAL represents the child's best interest, not the child's stated wishes.
- What is the standard parenting-time schedule in Scioto County?
- Scioto County's Standard Parenting Time Order (DR Rule 9.0, effective 1/1/2016) gives the non-residential parent alternating weekends from Friday 6 p.m. to Sunday 6 p.m., an off-week Wednesday overnight, summer time alternating week-to-week with a 14-day exclusive block, and holidays alternating by odd/even year. A 100-mile provision lets either parent seek a modified schedule when the parents live more than 100 miles apart. The court can order a different schedule when the standard order does not serve the child's best interest.
- How much does it cost to file in the Scioto County Domestic Relations Division?
- The deposit for a new divorce, dissolution, legal separation, or annulment is $250, paid to the Clerk of Courts at filing (Clerk fee schedule, rev. 1/1/2024). A reopened case or post-decree motion is $130. The Mediation Fund adds $40 at filing for divorce/dissolution/legal separation/paternity ($50 for a modification) under DR Rule 8.13, and a Guardian ad Litem deposit, when one is appointed, is $800 (DR Rules 1.06(E)/3.07(B)). A Poverty Affidavit (DR Form 12) or Affidavit of Indigency waives the deposit if you can't afford it. Confirm current amounts with the Clerk's Legal Division (https://sciotoclerk.com/legal-division/) or the DR Division at (740) 355-8316 before filing.
Free Local Resources in Scioto County
- Scioto County Clerk of Courts — Legal Division. Provides the current Clerk fee schedule (rev. 1/1/2024), local forms, and filing instructions for divorce, dissolution, and custody cases. Visit https://sciotoclerk.com/legal-division/ before filing to confirm deposits and accepted payment methods.
- Scioto County Domestic Relations Division. The standalone DR court (Judge Jerry L. Buckler; Magistrate Robert M. Johnson) at 602 7th St, Room 303, Portsmouth, (740) 355-8316 (fax (740) 355-8205). Hears divorce, dissolution, legal separation, annulment, parentage, custody, and support, and distributes the DR packets and local forms. Hours Monday–Friday 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM). https://sciotocountydrcourt.com
- Scioto County Child Support Enforcement Agency (CSEA). Scioto County's IV-D agency at 710 Court Street, Portsmouth, opens child-support cases, runs wage withholding, distributes payments, and enforces orders. Confirm the agency's current direct phone. File a IV-D Application when establishing or modifying support.
- "Successful Co-Parenting" Parenting Class — OSU Extension. The court-approved 3-hour parenting-education seminar for parents with minor children, taken online at https://scponline.osu.edu (registered via DR Form 11). Complete it within 60 days and file the Certificate of Attendance before the final hearing (DR Rule 6.02).
Other Family-Law Topics in Scioto County
- Statewide Custody Overview — How Ohio custody and parenting time work at a high level.
- Talk to a Family Law Attorney — Connect with a Scioto County custody attorney for help with your case.
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 Scioto County family law
- Ohio Custody guide — Statewide overview of custody in Ohio.
- Columbus family law — Local attorneys and courts serving the Columbus metro.
- Scioto County family law guide — Court info, local filing notes, FAQs, and the downloadable Scioto County guide.
- Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
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