State guide · OH

Ohio Family Court: Custody and Parenting-Time Guide

Plain-language Ohio information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.

This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.

State laws, court rules, and forms can change. Automated link checks will run every week once the monitoring job is deployed. Please check each cited source before relying on it. Report a broken link or changed law.

Find the right family court

The custody or parenting-time route described in this guide is handled through the Ohio courts of common pleas, including domestic-relations and juvenile divisions. Other family-law matters can follow a different court or procedure.

Find the court for your area.

  • Ohio family matters are divided among local courts of common pleas and their domestic-relations or juvenile divisions, with division structure varying by county.Sources:Ohio Trial Courts and Local Rules

  • The Supreme Court of Ohio court finder lists each county's courts and local rules, which must be checked before filing.Sources:Ohio Trial Courts and Local Rules

How Ohio courts decide custody

Ohio calls custody decisions the "allocation of parental rights and responsibilities," and the court must act consistently with the child's best interests.Sources:Ohio Revised Code section 3109.04

  • The court may designate one parent as residential parent and legal custodian or approve a shared-parenting plan when the statutory requirements and the child's best interests are met.Sources:Ohio Revised Code section 3109.04

  • Best-interest review includes all relevant factors and the listed considerations concerning family relationships, adjustment, health, safety, support, and facilitation of parenting time; shared parenting is not automatic.Sources:Ohio Revised Code section 3109.04

Key legal sources

Parenting time

Ohio uses "parenting time" for a parent's scheduled time with a child and "companionship or visitation" for certain nonparent contact.Sources:Ohio Revised Code section 3109.051

  • In a divorce, dissolution, legal-separation, or annulment case without a shared-parenting decree, the court generally must make a just and reasonable parenting-time order unless parenting time would not be in the child's best interests.Sources:Ohio Revised Code section 3109.051

  • A parenting-time schedule depends on the statutory factors and local order; geography, schedules, the child's age and adjustment, health and safety, family relationships, and facilitation of contact are among the required considerations.Sources:Ohio Revised Code section 3109.051

Key legal sources

How to file

This route covers a parentage complaint seeking allocation of parental rights and responsibilities and parenting time; it does not cover divorce, modification, enforcement, emergency, child-protection, interstate, or nonparent cases.Sources:Parentage, Allocation of Parental Rights and Responsibilities, and Parenting Time

  1. Identify the correct local court and route

    Use the county court finder and local rules to determine whether the case belongs in a domestic-relations or juvenile division and whether another pending or prior case changes the filing route.Sources:Ohio Trial Courts and Local Rules

  2. Complete the five statewide forms needed to file

    Ohio lists these forms as needed to file: DR Form 23/Juvi Form 2, Form 3 Parenting Proceeding Affidavit, Form 1 Affidavit of Basic Information, Income, and Expenses, Form 4 Health Insurance Affidavit, and DR Form 31/Juvi Form 10 Request for Service.Sources:Parentage, Allocation of Parental Rights and Responsibilities, and Parenting Time

  3. Use the agreement forms when they apply

    If an agreement is reached, Ohio lists Form 20 Shared Parenting Plan or Form 21 Parenting Plan, with the Parenting Time Schedule noted on the forms page.Sources:Parentage, Allocation of Parental Rights and Responsibilities, and Parenting Time

  4. Check local procedures before filing

    The statewide forms page directs filers to check for other local court procedures. Confirm local forms, copies, filing methods, and any local service instructions with the handling court.Sources:Parentage, Allocation of Parental Rights and Responsibilities, and Parenting Time, Ohio Trial Courts and Local Rules

  5. Follow the court's finalization instructions

    To finalize the case, Ohio lists DR Form 22/Juvi Form 1 Parenting Judgment Entry and says parties may need to provide it if the local court requires it. Follow the handling court's instructions about that form and later proceedings.Sources:Parentage, Allocation of Parental Rights and Responsibilities, and Parenting Time

Official forms

Open the official forms portal.

Free court self-help

Find court self-help near you.

  • Legal Aid of Western Ohio

    Area served: 32 counties in northwest and west-central Ohio, with a statewide agricultural-worker program

    Free civil legal information, advice, limited help, or possible representation may include domestic violence, divorce, custody, and child-support matters.Sources:Legal Aid Line, How to Apply for Legal Help

    Eligibility: Applicants generally must have low income and live in or have a legal problem in the service area; case priorities and limited staff mean representation is not assured even for eligible applicants.

  • Legal Aid of Southeast and Central Ohio

    Area served: 36 counties in southeast and central Ohio

    Free family-law resources and selected representation, with stated priorities that include certain domestic-violence, divorce, custody, support, disability, and right-to-counsel matters.Sources:Free Legal Help in Southeast and Central Ohio, Family Law Resources

    Eligibility: Published information identifies LASCO's 36-county service area, people with low incomes, and selected family-law situations for possible representation; its self-help forms do not mean LASCO will represent the filer.

Fee waivers

An Ohio civil litigant who cannot make the required advance deposit or security may file the Supreme Court-approved Civil Fee Waiver Affidavit and Order; the clerk must accept the action or proceeding for filing with the affidavit while the court decides indigency.Sources:Ohio Revised Code section 2323.311, Civil Fee Waiver Affidavit and Order

Who may qualify

  • The affidavit asks for household, public-benefit, income, liquid-asset, and monthly-expense information. Ohio's statute provides an eligibility standard and also permits court approval outside that standard.Sources:Ohio Revised Code section 2323.311, Civil Fee Waiver Affidavit and Order

  • A finding of indigency excuses prepayment of later fees and costs unless a court order specifically addresses them, but costs may still be recovered from an execution on a favorable judgment.Sources:Ohio Revised Code section 2323.311

What to do

  1. Complete Civil Fee Waiver Form 20

    Use the current statewide Civil Fee Waiver Affidavit and Order and provide the requested financial information and verification.Sources:Civil Fee Waiver Affidavit and Order

  2. File the affidavit with the case papers

    Submit the affidavit to the court where the civil action or proceeding is filed; section 2323.311 directs the clerk to accept the filing with the affidavit.Sources:Ohio Revised Code section 2323.311, Civil Fee Waiver Affidavit and Order

  3. Follow the court's indigency order

    The judge or magistrate grants or denies the requested waiver. If denied, follow the order's deadline for the required deposit or security to avoid possible dismissal.Sources:Civil Fee Waiver Affidavit and Order

Official fee-waiver forms

Key statute or rule

Attorney cost benchmark

Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.

State and local details to confirm