Grandparent & Non-Parent Custody in Scioto County

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

Scioto County, Ohio · Portsmouth

When a child's parents can't safely care for them, a grandparent, relative, or other suitable adult can ask for legal custody. In Scioto County these cases are filed in the Juvenile Division under R.C. 2151.23(A)(2). Legal custody is not adoption and not guardianship — the parents keep residual rights, but the non-parent makes day-to-day decisions.

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

File a complaint for legal custody in the Scioto County Juvenile Division under R.C. 2151.23(A)(2), using the pro-se custody packet ($5, plus the $25 juvenile drug/alcohol screen under Juv. Local Rule 2.1). The court must find that placing the child with a parent is not in the child's best interest before awarding custody to a non-parent. Legal custody leaves the parents with residual rights. If the child has assets over $10,000, a minor guardianship in Probate may apply instead (Probate Local Rule 66.1).

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 45662, Portsmouth, OH 45662
Phone: (740) 355-8316
Hours: Monday–Friday, 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM)
Website: sciotocountydrcourt.com

Juvenile Branch (Never-Married Parents)

Scioto County Juvenile Court
602 7th St #201, Portsmouth, OH 45662, Portsmouth, OH 45662
Phone: (740) 355-8306
Hours: Monday–Friday, 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM)

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

You're a grandparent, relative, or other suitable adult seeking custody of a child.
The child's parents can't safely or appropriately care for the child.
You want legal custody (day-to-day authority), not adoption.
You can show that custody with you serves the child's best interest.

If you want to permanently become the child's legal parent, adoption is a different Probate process. Talk to an attorney.

Filing Fees

Juvenile custody $275 first child / $125 each additional plus a $25 drug/alcohol screen (Juv. Local Rule 2.1) · $5 pro-se packet · GAL deposit set by the court · Probate guardianship if the child has assets over $10,000.

Forms & Filing Packets

Non-parent legal custody (Juvenile Division) — $275 first child / $125 each additional, plus a $25 screen (Juv. Local Rule 2.1); $5 packet

File the pro-se custody packet in the Juvenile Division with the UCCJEA affidavit. A custody investigation or GAL may be ordered.

Juvenile pro-se custody packet (Scioto County Juvenile Court) — The Scioto County Juvenile Court's self-represented custody packet for never-married parents and non-parents. Picked up in person from the Juvenile Court (filings Room 202) for a $5.00 packet fee; a $25 drug/alcohol screen applies to juvenile filings (Juv. Local Rule 2.1).
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 Scioto County

Confirm you're a suitable non-parent caregiver. Grandparents, relatives, or other suitable adults can seek legal custody when the parents can't safely care for the child.
Get the pro-se packet. Pick up the Juvenile Division's pro-se custody packet in person ($5), and complete the UCCJEA affidavit.
File in the Juvenile Division. File at the Scioto County Juvenile Court (filings Room 202) and pay the deposit ($275 first child / $125 each additional plus the $25 screen).
Cooperate with any investigation. The court may order a custody investigation or appoint a Guardian ad Litem to assess the child's best interest.
Attend the hearing. Show that custody with a parent is not in the child's best interest; the court can grant legal custody while parents keep residual rights.

Scioto County Practice Notes

Non-parents must overcome the parental-rights presumption. Ohio law presumes a child is best with a parent. Before awarding custody to a grandparent or other non-parent, the Juvenile Division must find that custody with a parent is not in the child's best interest. Legal custody is not adoption or guardianship — the parents keep residual rights, including the possibility of seeking the child back later.
Probate guardianship vs. Juvenile custody. Non-parent custody is generally a Juvenile Division matter. But if the child has assets over $10,000, a minor guardianship in Probate Court may apply instead (Probate Local Rule 66.1). Confirm the right court before filing.

Frequently Asked Questions

Can a grandparent or relative get custody in Scioto County?: Yes. A grandparent, relative, or other suitable adult can ask the Scioto County Juvenile Division for legal custody under R.C. 2151.23(A)(2), using the pro-se custody packet ($5, plus the $25 juvenile drug/alcohol screen under Juv. Local Rule 2.1). This is not adoption and not guardianship — the parents keep residual rights. The court must find that awarding custody to a parent is not in the child's best interest before placing the child with a non-parent. If the child has assets over $10,000, a minor guardianship in Probate may apply instead (Probate Local Rule 66.1).
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.
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.

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).

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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