Grandparent & Non-Parent Custody in Warren County

How does a grandparent or non-parent get custody in Warren County, Ohio?

File a Complaint/Motion for Custody as a non-parent at the Warren County Juvenile Court, 900 Memorial Drive, Lebanon ($160 plus $50 per additional child). The court must find both parents unsuitable under In re Perales — by contractual relinquishment, abandonment, total inability to care, or detriment from parental placement — before awarding custody to a non-parent. For short-term care, a Grandparent Power of Attorney or Caretaker Authorization Affidavit can be filed within 5 days of signing. Under Rees v. Rees, visitation goes to DR when parents are/were married or a parent is deceased.

Where to File: Warren County Domestic Relations Court

Juvenile Branch (Never-Married Parents)

Warren County Juvenile Court (Probate/Juvenile Division)
900 Memorial Drive, Lebanon, OH 45036, Lebanon, OH 45036
Phone: (513) 695-1160
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.

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

• You are a grandparent, relative, or caregiver seeking legal custody of a child.
• Both parents are unable or unfit to care for the child.
• You can show one of the Perales grounds (relinquishment, abandonment, inability, or detriment).
• The child is living with you or in your care.

Filing Fees

Non-parent custody complaint: $160 + $50 per additional child · No fee for a Power of Attorney/Caretaker Affidavit · Personal service by Sheriff $25/person

Forms & Filing Packets

How to File Grandparent / Non-Parent Custody in Warren County

1. Confirm the Perales standard can be met. Be ready to show both parents are unsuitable — contractual relinquishment, abandonment, total inability to care, or detriment from parental placement.
2. File the non-parent custody complaint. File a Complaint/Motion for Custody at the Warren County Juvenile Court, 900 Memorial Drive ($160 plus $50 per additional child).
3. Use a power of attorney for urgent needs. If you need school or medical authority now, file the Grandparent Power of Attorney or Caretaker Authorization Affidavit within 5 days of signing.
4. Attend the hearing. Present evidence on parental unsuitability and the child's best interest; a GAL may be appointed in contested cases.

Warren County Practice Notes

• In re Perales is the gate for non-parent custody. Without a finding that BOTH parents are unsuitable, an Ohio court cannot award custody to a non-parent — even if the child is thriving with the non-parent. The four Perales grounds are: contractual relinquishment of custody, abandonment, total inability to care for the child, or detriment from placement with the parents. Best interest alone is not enough.
• Where grandparent visitation is heard (Rees v. Rees). Under Rees v. Rees (2026-Ohio-1235, 12th Dist.), the Juvenile Court hears grandparent/relative companionship motions only when there is a pending Juvenile case and the motion is ancillary; the DR Court hears them when the parents are or ever were married or a parent is deceased. Filing in the wrong court delays your case.
• Power of attorney is a stopgap, not custody. A Grandparent Power of Attorney or Caretaker Authorization Affidavit gives temporary decision-making authority but is not legal custody. Either ends when a parent acts to negate it, and the grandparent then has 14 days to file a custody complaint to keep authority in place.

Frequently Asked Questions

Do I file in Domestic Relations or Juvenile Court in Warren County?

Warren County splits the two courts onto different campuses. The Domestic Relations Court at 500 Justice Drive hears married-parent matters — divorce, dissolution, legal separation, annulment, and the custody/support that travels with them. The Juvenile Court at 900 Memorial Drive hears never-married-parent matters — paternity, custody, parenting time, child support, and grandparent/non-parent custody. Under Rees v. Rees (2026-Ohio-1235, 12th Dist.), grandparent and relative visitation goes to DR when the parents are or ever were married or a parent is deceased.

How much does it cost to file in Warren County?

Domestic Relations deposits (Clerk Breighton Smith, eff. 7/1/2025): a divorce or dissolution case is $400 with children and $300 without children; a case served by publication is $500; a married-living-apart custody/support complaint is $350; a post-decree motion is $75; and personal service by the Sheriff is $50 per party. An Affidavit of Indigency reduces the deposit to $15. Juvenile Court complaints (custody, parentage, support, visitation, shared parenting) are $160 plus $50 per additional child, and Juvenile motions are $75. Civil Protection Orders have no filing fee.

When does Warren County appoint a Guardian ad Litem?

In a contested custody case the Domestic Relations Court can appoint a Guardian ad Litem on motion after a hearing (Local Rule 4.5), using forms GAL1 (Order), GAL2 (Application), and GAL3 (Background Disclosure). The GAL's report is served 14 days before trial and accepted as direct testimony; to cross-examine the GAL you must subpoena them at least 7 days before trial. In Juvenile abuse/neglect/dependency cases a GAL is mandatory and files a report 7 days before the final hearing.

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 Warren County

• Warren County DR Help Center & Document Center. The DR Help Center at 500 Justice Drive helps self-represented parties fill out printed Document Center forms on Tuesdays 1–3 p.m. and Thursdays 9–11 a.m. All Domestic Relations forms and case-type filing packets are posted at warrencountyohio.gov/Domestic_Relations_Court/Forms.
• Warren County Probate/Juvenile Legal Help Center. Walk-in help at 900 Memorial Drive on Thursdays 8 a.m.–noon, where an attorney answers legal questions and provides filing packets regardless of financial situation (no attorney-client relationship is formed).
• Warren County Child Support Enforcement Agency (CSEA). Warren County's IV-D agency at (513) 695-1580, csea.warrencountyohio.gov, opens and enforces support cases, runs the Ohio Income Shares calculation, and processes payments through OCSPC.
• Warren County CASA Program. More than 50 trained CASA volunteers, directed by Melissa Perduk, advocate for abused and neglected children in the child-welfare system. Details at warrencountyohio.gov/Probate_Juvenile/CASA/CASA/Index.

Other Family-Law Topics in Warren County

• Warren County Divorce — Contested divorce filing guide for the DR Court at 500 Justice Drive.
• Warren County Dissolution — The agreed, both-spouses-sign track with a hearing 31–90 days after filing.
• Warren County Custody — Married parents file in DR; never-married parents file at the Juvenile Court.

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.

Keep exploring

• Ohio Grandparent / Non-Parent Custody guide — Statewide overview of grandparent / non-parent custody in Ohio.
• Cincinnati family law — Local attorneys and courts serving the Cincinnati metro.
• Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.