Grandparent & Non-Parent Custody in Tuscarawas County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 15, 2026

Tuscarawas County, Ohio · New Philadelphia

A relative or other non-parent seeking custody of a child generally proceeds in the Tuscarawas County Juvenile Division (R.C. 2151.23) using the Complaint for Custody. A grandparent can also ask the Juvenile Court to establish visitation. Where a parent agrees, an Ohio HB 279 Grandparent Power of Attorney or Caregiver Authorization Affidavit can authorize day-to-day, school, and medical decisions without a custody case.

How does a grandparent or non-parent get custody or visitation in Tuscarawas County?

File a Complaint for Custody in the Tuscarawas County Juvenile Division (R.C. 2151.23), which is the route a non-parent uses to ask the court to allocate custody. Under Local Rule 6.2, include the Affidavit of Basic Information, Income, and Expenses and a Confidential Information Page, plus a UCCJEA Declaration if out-of-state jurisdiction could be involved. A grandparent seeking court-ordered visitation files the Complaint to Establish Grandparent Visitation (R.C. 3109.11 / 3109.12 grounds apply). Where a parent agrees, an HB 279 Grandparent Power of Attorney or Caregiver Authorization Affidavit can authorize care without a custody case. Permanent legal parentage by a relative is achieved through adoption in the Probate Division, not a Juvenile custody order.

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: Tuscarawas County Court of Common Pleas, General Division

125 E High Ave, New Philadelphia, OH 44663
Phone: (330) 364-8811
Hours: Monday–Friday (call the Clerk at (330) 365-3243 to confirm current hours)
Website: www.co.tuscarawas.oh.us/government/court_of_common_pleas_court_general_division/index.php
e-Filing: https://eservices.tuscarawasohcourts.com/

Juvenile Branch (Never-Married Parents)

Tuscarawas County Court of Common Pleas, Juvenile Division
125 E High Ave, New Philadelphia, OH 44663
Phone: (330) 365-3244
Hours: Monday–Friday (call the court to confirm current hours)

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

You are a grandparent, relative, or other non-parent seeking custody or visitation.
The child's parents cannot or are not safely caring for the child.
You need a Juvenile court order allocating custody (R.C. 2151.23).
You want grandparent visitation established under R.C. 3109.11/3109.12.
A parent agrees and you only need short-term caregiver authority (HB 279 forms).

Filing Fees

Non-parent custody and grandparent visitation are filed in the Juvenile Division with the Local Rule 6.2 forms · Juvenile deposit set by that division — confirm with the Clerk · HB 279 caregiver forms need no court filing · Permanent parentage is via Probate adoption.

Forms & Filing Packets

Non-parent custody (Juvenile Division)

File the Complaint for Custody to ask the Juvenile Court to allocate custody to a non-parent (R.C. 2151.23).

Complaint for Custody (parents never married) — Tuscarawas Juvenile — File this if you are seeking custody of a child and the parents were never married to each other.
Affidavit of Basic Information, Income, and Expenses (Ohio SC; Local Rule 6.2) — Ohio Supreme Court standardized affidavit required with every initial Juvenile filing and every reopening motion under Local Rule 6.2.
Confidential Information Page (Local Rule 6.2) — Required with every initial Juvenile filing and every reopening motion under Local Rule 6.2.
UCCJEA Declaration (adapted for Juvenile Court) — Confirms Ohio's jurisdiction over the children under the UCCJEA when an out-of-state question could be involved.

Grandparent visitation

A grandparent files to establish court-ordered visitation (R.C. 3109.11/3109.12 grounds apply).

Complaint to Establish Grandparent Visitation — Tuscarawas Juvenile — A grandparent uses this to ask the Juvenile Court to establish court-ordered visitation (R.C. 3109.11 / 3109.12 grounds apply).
Affidavit of Basic Information, Income, and Expenses (Ohio SC; Local Rule 6.2) — Ohio Supreme Court standardized affidavit required with every initial Juvenile filing and every reopening motion under Local Rule 6.2.
Confidential Information Page (Local Rule 6.2) — Required with every initial Juvenile filing and every reopening motion under Local Rule 6.2.

Consensual caregiver authority (HB 279)

Where a parent agrees, authorize day-to-day, school, and medical decisions without a custody case.

Grandparent Caregiver Power of Attorney (Ohio HB 279) — Lets a parent authorize a grandparent/caregiver to make day-to-day and school/medical decisions without a custody case — useful for short-term or consensual arrangements. Find the current HB 279 caregiver forms on the General Division's All Forms page.
Grandparent Caregiver Authorization Affidavit (Ohio HB 279) — An alternative HB 279 form authorizing a caregiver to enroll a child in school and consent to care when a parent agrees. Posted with the HB 279 caregiver forms on the General Division's All Forms page.

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

Decide custody vs. visitation vs. caregiver authority. Choose the Complaint for Custody (custody), the Complaint to Establish Grandparent Visitation (visitation), or an HB 279 caregiver form (consensual, no case).
Prepare the Juvenile packet. For custody or visitation, complete the complaint with the Local Rule 6.2 Affidavit of Basic Information and Confidential Information Page, plus a UCCJEA Declaration if needed.
File and serve. File in the Juvenile Division, confirm the deposit with the Clerk (or file the Affidavit of Indigency), and complete the Request for Service.
Consider adoption for permanence. If you need permanent legal parentage, pursue adoption in the Probate Division rather than a Juvenile custody order.

Tuscarawas County Practice Notes

Custody route is Juvenile. A non-parent asks the Tuscarawas County Juvenile Division to allocate custody under R.C. 2151.23 using the Complaint for Custody. Every initial filing needs the Local Rule 6.2 Affidavit of Basic Information and Confidential Information Page; add a UCCJEA Declaration if an out-of-state question could be involved.
Visitation vs. custody. A grandparent who wants court-ordered time (not custody) files the Complaint to Establish Grandparent Visitation; the R.C. 3109.11/3109.12 grounds and best-interest standard apply. Non-parent custody standards (parental unsuitability) are fact-specific — consult an attorney.
Caregiver forms for consensual cases. Where a parent agrees, the Ohio HB 279 Grandparent Power of Attorney or Caregiver Authorization Affidavit authorizes a caregiver to handle school and medical decisions without a custody case — useful for short-term or consensual arrangements. Permanent legal parentage is achieved through adoption in the Probate Division.

Frequently Asked Questions

How does a grandparent or non-parent get custody in Tuscarawas County?: A relative or non-parent files a Complaint for Custody in the Juvenile Division (R.C. 2151.23) with the Local Rule 6.2 forms. Non-parent custody standards (parental unsuitability) are fact-specific. Permanent legal parentage by a relative is achieved through adoption in the Probate Division, not a Juvenile custody order.
Can a grandparent get visitation in Tuscarawas County?: Yes. A grandparent files the Complaint to Establish Grandparent Visitation in the Juvenile Division; the R.C. 3109.11 / 3109.12 grounds and the best-interest standard apply.
Can a grandparent care for a child without a custody case in Tuscarawas County?: Where a parent agrees, an Ohio HB 279 Grandparent Power of Attorney or Caregiver Authorization Affidavit can authorize a caregiver to make day-to-day, school, and medical decisions without opening a custody case — useful for short-term or consensual arrangements.
Do I file in the General Division or the Juvenile Division in Tuscarawas County?: If you are married to (or were married to) the other parent, custody, parenting time, and child support are decided in the General Division as part of your divorce or dissolution. If you were never married, paternity and custody are handled by the Juvenile Division. Grandparent and other non-parent custody requests are always filed in the Juvenile Division.

Free Local Resources in Tuscarawas County

Tuscarawas County Clerk of Courts (General Division). Clerk Wendy D. Jones, Suite 230, PO Box 628, New Philadelphia, OH 44663. Accepts filings in person, by mail, by email (clerkfiling@co.tuscarawas.oh.us, $0.25/page service copies), by e-file (eservices.tuscarawasohcourts.com), or by fax (330-343-4682). Call (330) 365-3243 to confirm deposits and packet requirements before filing.
Tuscarawas County Court of Common Pleas, General Division. Hears divorce, dissolution, legal separation, annulment, and adult DVCPO/CSPO cases at 125 E High Ave, New Philadelphia; (330) 364-8811. DR forms are county-local packets provided via the County Bar Association and SEOLS. How-to videos at youtube.com/@TuscarawasCountyCourts.
Tuscarawas County Juvenile Division. Judge Adam W. Wilgus. Handles parentage, custody, parenting time, and support for never-married parents, plus grandparent visitation and non-parent custody. Local Rule 6.2 requires the Affidavit of Basic Information and a Confidential Information Page with initial filings.
Tuscarawas County Child Support Enforcement Agency (CSEA). Administered by the Prosecutor's Office (Director Traci A. Berry). Opens IV-D support cases, runs wage withholding, distributes payments, and enforces orders. CSEA line: 800-685-2732.
Protection orders — SEOLS & Prosecutor's Office. Standardized DVCPO/CSPO petition forms and self-help guidance are available through Southeastern Ohio Legal Services / Ohio Legal Help. For local help, contact the Tuscarawas County Prosecutor's Office at (330) 365-3214. There is no filing fee; call 911 in an emergency.

Related to your grandparent / non-parent 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 grandparent / non-parent 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.
Akron family law — Local attorneys and courts serving the Akron metro.
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