Grandparent & Non-Parent Custody in Union County

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

Union County, Ohio · Marysville

Grandparents, relatives, and other non-parents can ask the Union County Juvenile Court for legal custody of a child, or for court-ordered companionship (visitation). Custody and companionship requests by non-parents are always filed in the Juvenile Court, and the court decides them by the child's best interest under R.C. 3109.04.

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

File a Complaint for Legal Custody by a Non-Parent (R.C. 2151.23) in the Union County Juvenile Court, Room 107, (937) 645-3029. The court can grant legal custody to a grandparent, relative, or other suitable non-parent when it serves the child's best interest. For visitation rather than custody, file a motion or complaint for grandparent or relative companionship under R.C. 3109.051 / 3109.11 / 3109.12. Grandparent and non-parent custody requests are always filed in the Juvenile Court. Confirm the current deposit with the Juvenile Clerk before filing.

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: Union County Court of Common Pleas - Domestic Relations Division

215 W 5th St, Marysville, OH 43040, Marysville, OH 43040
Phone: (937) 645-3015
Hours: Monday–Friday (call the Clerk to confirm current hours)
Website: www.unioncountyohio.gov/departments/CommonPleasCourt

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

You are a grandparent, relative, or other non-parent seeking custody or visitation.
Custody with a parent isn't in the child's best interest, or you're already the child's primary caregiver.
You want a legally enforceable custody or companionship order.
The matter belongs in the Union County Juvenile Court.

Filing Fees

Filed in the Union County Juvenile Court (deposit set by that court; agreed custody $75 / contested $115) · register an out-of-state order $115 ($175 with enforce/modify) · confirm amounts with the Juvenile Clerk at (937) 645-3029

Forms & Filing Packets

Non-parent legal custody — Juvenile case deposit (confirm with the Clerk)

File a Complaint for Legal Custody by a Non-Parent in the Union County Juvenile Court, with the UCCJEA affidavit.

Complaint for Legal Custody by a Non-Parent (R.C. 2151.23) — Asks the Union County Juvenile Court to grant legal custody of a child to a grandparent, relative, or other suitable non-parent. Union uses the Ohio Supreme Court standardized juvenile forms.
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.

Grandparent or relative companionship (visitation) — Juvenile case deposit (confirm with the Clerk)

File a motion or complaint for companionship under R.C. 3109.051 / 3109.11 / 3109.12.

Motion / Complaint for Grandparent or Relative Companionship (R.C. 3109.051 / 3109.11 / 3109.12) — Requests court-ordered companionship (visitation) for a grandparent or relative. Filed in the Juvenile Court for never-married-parent families, or as a motion in the existing Domestic Relations case where a decree already exists.
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 Union County

Confirm Juvenile Court is the right court. Non-parent custody and companionship requests are filed in the Union County Juvenile Court, Room 107.
Choose custody or companionship. File a Complaint for Legal Custody by a Non-Parent (R.C. 2151.23) for custody, or a companionship motion/complaint (R.C. 3109.051 / 3109.11 / 3109.12) for visitation.
Prepare the paperwork. Use the Ohio standardized juvenile forms plus the UCCJEA Parenting Proceeding Affidavit; confirm the current deposit with the Juvenile Clerk.
File and serve. File with the Juvenile Clerk and serve the parents and any other parties.
Attend the hearing. The court may appoint a GAL and holds a hearing, then rules by the child's best interest under R.C. 3109.04.

Union County Practice Notes

Non-parent custody is always Juvenile Court. Grandparent and other non-parent custody and companionship requests are always filed in the Union County Juvenile Court, not the Domestic Relations docket — even where a divorce decree already exists.
Best interest governs. The court allocates custody and companionship by the child's best interest under R.C. 3109.04. A non-parent seeking custody generally must show that placement with the parent is not in the child's best interest, or that the parent is unsuitable.
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

What does it cost to file for custody in the Union County Juvenile Court?: An agreed custody case costs $75 to file in the Union County Juvenile Court (Room 107, (937) 645-3029 ext. 3411); a contested one costs $115. A show-cause motion to enforce an order has a $100 deposit. Registering an out-of-state custody order is $115, or $175 if you also ask to enforce or modify it at the same time.
Do unmarried fathers have custody rights in Union County?: Not automatically. In Ohio, the mother of a child born outside marriage is the only legal custodian until a court says otherwise, so a father usually has to prove he is the father first. The court suggests asking the Child Support Enforcement Agency to decide paternity before you file. Once parentage is established in the Union County Juvenile Court, the court can allocate custody and parenting time.
When does Union 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. GAL fees are typically split between the parents at the court's discretion. The court may also order a custody evaluation in higher-conflict cases.
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.

Free Local Resources in Union County

Union County Clerk of Courts. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call (937) 645-3015 or visit https://www.unioncountyohio.gov/departments/CommonPleasCourt before filing to confirm deposits and packet requirements.
Union County Child Support Enforcement Agency (CSEA). Union County's IV-D agency opens child-support cases, runs wage withholding, distributes payments, and enforces orders. File a IV-D Application when establishing or modifying support.

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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