Filing for Custody in Stark County

Stark County, Ohio · Canton

In Ohio, 'custody' means the allocation of parental rights and responsibilities. Stark County runs a combined Family Court at 110 Central Plaza South, Suite 670, Canton, but where custody is decided depends on whether the parents were married: the Domestic Relations Division for married/divorcing parents, the Juvenile Division for never-married parents. The court applies the R.C. 3109.04(F) best-interest factors and requires UCCJEA compliance (Rule 16.01).

How do I file for custody in Stark County, Ohio?

If you and the other parent were married, custody is decided inside your divorce or dissolution at the Stark County Family Court, 110 Central Plaza South, Canton, OH 44702. If you were never married, file the court's New Case — Juvenile Complaint for Paternity, Custody, or Visitation in the Juvenile Division. A Uniform Child Custody (UCCJEA) Affidavit is mandatory (Rule 16.01), and unmarried parents filing an initial parental-rights action must complete the online 'Working Together for Kids' seminar before the initial hearing or the matter is dismissed (Rule 16.06).

Where to File: Stark County Family Court (Domestic Relations & Juvenile Divisions)

110 Central Plaza South, Suite 670, Canton, OH 44702, Canton, OH 44702
Phone: (330) 451-7415
Hours: Monday–Friday, 8:00 a.m. – 4:30 p.m.
Website: www.starkcountyohio.gov/government/legal___judicial/family_court/index.php

Custody is the right path if…

You need a court order saying who the children live with and how parenting time is divided.
You and the other parent can't agree on parenting time, school enrollment, or major decisions.
Ohio is the children's home state under the UCCJEA — they've lived in Ohio for the last 6 months.
You can complete the required parenting seminar before the hearing.

Filing Fees

DR custody (inside divorce): included in the $391 divorce deposit · New Juvenile complaint $307 · UCCJEA affidavit required

Forms & Filing Packets

Custody inside a Stark divorce/dissolution (married parents) — Included in the $391 divorce deposit

When parents were married, custody, parenting time, and child support travel with the divorce or dissolution at the Domestic Relations Division — there is no separate custody 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.
Child Support Worksheet (Ohio statutory worksheet) — The Ohio statutory worksheet filed with the parenting and support pleadings inside the divorce.

Juvenile custody complaint (never-married parents)

Filed in the Juvenile Division of the Stark County Family Court. Used when the parents were never married; paternity is established and custody allocated in the same action.

New Case — Juvenile Complaint for Paternity, Custody, or Visitation — Stark County's assembled Juvenile Division complaint that establishes parentage and allocates custody and visitation for never-married parents.
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.

How to File Custody in Stark County

Pick the right division — DR or Juvenile. Married/divorcing parents file custody with the DR case; never-married parents file a Juvenile complaint. Both are at 110 Central Plaza South, Canton.
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. UCCJEA compliance is mandatory under Rule 16.01.
Complete the required parenting seminar. Never-married parents finish 'Working Together for Kids' before the initial hearing; divorcing parents complete the parent-education program.
Assemble the packet and file. DR: parenting affidavit + child-support worksheet with the divorce. Juvenile: the New Case Juvenile complaint with the UCCJEA affidavit.

Stark County Practice Notes

Combined court, but case type still controls. Stark's Domestic Relations and Juvenile divisions share one Family Court building and a pool of six magistrates, but married parents file custody with the DR case and never-married parents file a Juvenile complaint. Grandparent / third-party custody is filed in the Juvenile Division.
Working Together for Kids before the initial hearing. Under Rule 16.06, unmarried parents filing an initial parental-rights action must complete the online 'Working Together for Kids' seminar, and the moving party must finish before the initial hearing or the case is dismissed. Divorcing parents complete the parent-education program under Rule 12.04.
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.
Guardian ad Litem in contested cases. 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 does not represent the child's wishes; the GAL represents what is best for the child. GAL fees are typically allocated between the parents.

Frequently Asked Questions

Do I file in the Domestic Relations or Juvenile Division in Stark County?: Stark County runs a combined Family Court — the Domestic Relations and Juvenile Divisions share one location at 110 Central Plaza South, Suite 670, Canton, and one main number, (330) 451-7415. The Domestic Relations Division (Judge Michelle L. Cordova) handles divorce, dissolution, legal separation, annulment, and the custody and support that travel with them for married parents. The Juvenile Division (Judge Rosemarie A. Hall) handles paternity and custody for never-married parents, plus grandparent / third-party custody. Six shared magistrates hear cases in both divisions.
Is a parenting class required in Stark County?: Yes. Under Rule 12.04, parents filing a divorce, dissolution, legal separation, or custody action involving minor children must complete a court-approved parent-education program. Separately, under Rule 16.06, unmarried parents filing an initial parental-rights action must complete the online 'Working Together for Kids' seminar — and the moving party must finish it before the initial hearing or the matter is dismissed. The initial filing must include the order to complete the seminar, the registration/instruction sheet, and the mediation flyer.
When does Stark County appoint a Guardian ad Litem?: Under Rule 17 and Sup.R. 48, the court can appoint a Guardian ad Litem in a contested custody case to investigate (interview the parents and child, observe, visit residences, and contact providers and schools) and advocate for the child's best interest. In domestic-relations and juvenile custody cases the GAL report is generally due at least 7 days before the pretrial. GAL reports are not freely distributable; further disclosure needs court approval. Stark also runs a CASA / Guardian ad Litem program at (330) 451-7786.
What does it mean for Ohio to be my child's 'home state' under the UCCJEA?: Under the UCCJEA (R.C. 3127), Ohio is the children's home state when they have lived in Ohio with a parent for at least 6 consecutive months immediately before the filing. If the children recently moved, the prior state may still have jurisdiction. Ohio courts can also decline jurisdiction as an inconvenient forum under R.C. 3127.21 even when home-state requirements are met.
What is a IV-D application and why do I need one?: A IV-D Application opens a child-support case with your county's Child Support Enforcement Agency (CSEA). Once opened, CSEA collects support through automatic wage withholding, distributes it to the receiving parent, and can enforce the order through license suspension, federal tax intercept, credit reporting, and contempt referrals. Filing a IV-D Application is standard whenever a child-support order is issued.

Free Local Resources in Stark County

Stark County Family Court Help Desk. Free help for self-represented parties completing and reviewing divorce and custody forms, plus questions on court procedure and notary services. Mondays 10:00 a.m. – 1:00 p.m., first come first served; check in with the reception bailiff in the lobby, (330) 451-7415. Help Desk attorneys do not represent you or give legal advice.
Stark County Family Court — Court Filing Forms & Brochures. The court's assembled filing packets for divorce, dissolution, legal separation, annulment, custody, support, contempt, and protection orders, hosted in the county Document Center at starkcountyohio.gov. The court notes the forms are a resource only and not a substitute for legal advice.
Stark County Law Library. Public legal-research help at 110 Central Plaza South, Suite 401, Canton, (330) 451-7380, Monday–Friday 8:30 a.m. – 4:30 p.m.
Domestic Violence Project, Inc. (DVPI). Shelter, advocacy, and support for those experiencing domestic violence in Stark County. Learn more at dvpi.org.

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.

Keep exploring

Ohio Custody guide — Statewide overview of custody in Ohio.
Akron family law — Local attorneys and courts serving the Akron metro.
Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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