Establishing Paternity in Wayne County

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

Wayne County, Ohio · Wooster

When parents were never married, parentage and the allocation of custody, parenting time, and child support are handled by the Wayne County Probate and Juvenile Court on the 2nd floor of 107 W. Liberty Street in Wooster — not the Domestic Relations Division. Until a court order says otherwise, an unmarried mother is the sole residential parent and legal custodian by law (R.C. 3109.042). Establishing paternity is the first step before a father can get enforceable custody or parenting time.

How do I establish paternity in Wayne County, Ohio?

There are three routes: sign an Acknowledgment of Paternity affidavit (usually at the hospital), request administrative genetic testing through the Wayne County CSEA, or file a Complaint to Establish Parentage in the Wayne County Probate and Juvenile Court under R.C. Chapter 3111. The required juvenile filing package (Juv. Local Rule 5.03) includes the Parenting Proceeding Affidavit (3.0), the Employment/Healthcare/Tax Affidavit (2.0), the Party Information Form (1.0), the child's birth record, and the IV-D Application (JFS 07076). An acknowledgment establishes legal fatherhood but not custody or parenting time, so to get those you also file a Complaint for Allocation of Parental Rights. The court can order genetic testing, and the juvenile deposit is set by the court's administrative cost 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 typeWho makes major decisionsWhere the child livesBest when
Shared parentingBoth parents jointly, under a written planTime is split per the plan (not always 50/50)Parents can communicate and cooperate on decisions
Sole legal & residentialOne parentPrimarily with that parentOne parent is unable or unwilling to co-parent
Split custodyEach parent for the child in their careSiblings are divided between the two homesRare — only when it serves each child's best interest
Legal custody to a non-parentThe relative or caregiver granted custodyWith the non-parent caregiverNeither parent can safely care for the child

Where to File: Wayne County Court of Common Pleas, General & Domestic Relations Divisions

107 W. Liberty Street, Wooster, OH 44691
Phone: (330) 287-5590
Hours: Monday–Friday, 8:00 AM–4:30 PM
Website: www.waynecourtofcommonpleas.org
e-Filing: https://www.wayneclerkofcourts.org

Juvenile Branch (Never-Married Parents)

Wayne County Probate and Juvenile Court
107 W. Liberty Street, 2nd Floor, Wooster, OH 44691
Phone: (330) 287-5561
Hours: Monday–Friday, 8:00 AM–4:30 PM

Paternity is the right path if…

  • You and the other parent were never married to each other.
  • You need to legally establish who the child's father is before setting custody or support.
  • A father wants enforceable custody or parenting time after signing the hospital acknowledgment.
  • You want the court to order genetic testing to confirm parentage.
  • Child support needs to be established along with parentage.

Once parentage is established, you usually set custody and parenting time in the same juvenile case. See shared parenting in Wayne County.

Filing Fees

Filed in the Wayne County Probate and Juvenile Court · Required package: Forms 1.0, 2.0, 3.0, the child's birth record, and the IV-D application · Juvenile deposit set by administrative cost order — no deposit if filed by CSEA · Fee waiver by affidavit of indigency · Confirm current amounts with the court at 330-287-5561

Forms & Filing Packets

Court parentage action

Use when paternity has not been established. The court can order genetic testing and then set custody and support.

Custody / parenting time after parentage is established

Once fatherhood is established, file for custody and a parenting-time schedule so the acknowledgment becomes enforceable rights.

How to File Paternity in Wayne County

  1. Pick your route to parentage. An Acknowledgment of Paternity affidavit, an administrative CSEA genetic-testing determination, or a juvenile parentage action under R.C. Chapter 3111.
  2. Build the required juvenile package. File the Complaint to Establish Parentage with the Party Information Form (1.0), the Employment/Healthcare/Tax Affidavit (2.0), the Parenting Proceeding Affidavit (3.0), the child's birth record, and the IV-D application (JFS 07076).
  3. File on the 2nd floor in Wooster. File with the Wayne County Probate and Juvenile Court, 107 W. Liberty Street (2nd floor), Wooster. Pay the deposit set by the court's administrative order or file an affidavit of indigency.
  4. Complete genetic testing if ordered. If parentage is disputed, complete the genetic testing the court or CSEA orders before the case proceeds.
  5. Resolve custody, parenting time, and support. After parentage is confirmed, file the Complaint for Allocation of Parental Rights so the court sets custody, parenting time under the juvenile schedule, and child support.

Wayne County Practice Notes

  • Acknowledgment is not custody. Signing the hospital Acknowledgment of Paternity establishes legal fatherhood but not custody or parenting time. Until a court order issues, the unmarried mother remains the sole residential parent and legal custodian (R.C. 3109.042). File a Complaint for Allocation of Parental Rights to obtain enforceable rights.
  • File the full required package. Wayne's Juvenile Local Rule 5.03 requires every new parentage/custody/support filing to include the Parenting Proceeding Affidavit (3.0), Employment/Healthcare/Tax Affidavit (2.0), Party Information Form (1.0), the child's birth record, and the IV-D Application — an incomplete package can delay the case.
  • Genetic testing and CSEA. If paternity is disputed, the court or the Wayne County CSEA can order genetic testing. The CSEA also runs an administrative route to establish support, which either party can appeal to the Juvenile Court using the Request for Judicial Hearing (Form 6.2).

Frequently Asked Questions

What are the ways to establish paternity in Wayne County?
Three routes: signing an Acknowledgment of Paternity affidavit (usually at the hospital), an administrative genetic-testing determination through the Wayne County CSEA, or a Complaint to Establish Parentage in the Wayne County Probate and Juvenile Court under R.C. Chapter 3111, where the court can order genetic testing.
I signed the paternity affidavit at the hospital — do I have custody now?
You have legal fatherhood but not enforceable custody or parenting time. Until a court order issues, an unmarried mother is the sole residential parent and legal custodian by law (R.C. 3109.042). To get custody or parenting time, file a Complaint for Allocation of Parental Rights in the Wayne County Probate and Juvenile Court.
What forms do I need to start a parentage case in Wayne County?
Wayne's Juvenile Local Rule 5.03 requires every new parentage/custody/support filing to include the Parenting Proceeding Affidavit (3.0), the Employment/Healthcare/Tax Information Affidavit (2.0), the Party Information Form (1.0), the child's birth record, and the IV-D Application (JFS 07076), filed with the complaint.
Where do never-married parents file custody in Wayne County?
In the Wayne County Probate and Juvenile Court, on the 2nd floor of 107 W. Liberty Street, Wooster, OH 44691, 330-287-5561 — not the Domestic Relations Division. Grandparent and other non-parent custody requests are also filed in the Juvenile Court.
Which court handles child support for never-married parents in Wayne County?
The Wayne County Probate and Juvenile Court, on the 2nd floor of 107 W. Liberty Street, Wooster, 330-287-5561. Married parents have support handled in the Domestic Relations Division as part of the divorce or dissolution.

Free Local Resources in Wayne County

  • Wayne County Clerk of Courts. Posts current filing fees and DR forms, and processes filings. Court Costs & Fees schedule at wayneclerkofcourts.org. Call (330) 287-5590 to confirm deposits and packet requirements before filing.
  • Wayne County Domestic Relations Division. Publishes the numbered DR forms (1–53) and required-document packets at waynecourtofcommonpleas.org/resources/domestic-relations-templates. The DR scheduler, Tina Porter, can be reached at 330-287-5547.
  • Wayne County Probate and Juvenile Court. Handles parentage, custody, parenting time, and support for never-married parents, plus non-parent custody. Forms at wayneprobateandjuvenile.org; phone 330-287-5561. A juvenile help desk meets the 1st and 3rd Friday.
  • Counseling Center of Wayne and Holmes Counties — Parenting Seminar. Provides the court-ordered Helping Children Succeed seminar and the Kids First program (ages 8–12) at 2285 Benden Drive, Wooster. $35 per parent, prepaid; register at least 2 business days ahead at ccwhc.org/services or (330) 264-9029.
  • Wayne County Child Support Enforcement Agency (CSEA). Opens IV-D support cases, runs wage withholding, distributes payments, and enforces orders (2% processing fee). File the IV-D Application (JFS 07076) to establish or modify support.

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