Updated September 21, 2023
An Ohio custody agreement is a legal document that allocates parental rights and responsibilities regarding child care. It includes stipulations with respect to the child’s residence, parental visitation, and financial responsibilities, among other issues. The child’s parents can file a custody agreement jointly or separately.
Child Custody Factors
In determining the best interest of the child, the Ohio court considers the following factors (§3109.04(F)):
- Any instance of one parent denying the other parent’s right to court-ordered parenting time;
- Convictions for child abuse or neglect involving either parent or the child;
- Convictions for physical or sexual child abuse by a parent or other member of a parent’s household;
- Each parent’s general wishes;
- Each parent’s willingness to follow court orders regarding companionship and visitation;
- Either parent’s intent to live out of state;
- Missing child support payments;
- Potential changes to the child’s home, school, and local community;
- The child’s relationship with each parent;
- The child’s relationships with siblings and other cohabitants of each household;
- The child’s wishes; and
- The mental and physical well-being of all parties involved.
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How to File for Custody in Ohio
Specific step-by-step instructions to file for custody in Ohio vary by county. However, all counties will require the following basic steps and forms.
1. Agree on a Parenting Plan
Parents should try to agree on the terms of custody prior to filing for custody. Terms addressed in the parenting plan include parenting time scheduling, visitation, allocation of parental responsibilities, decision-making power, and more.
If parents are in agreement, they should complete a Shared Parenting Plan (Form 20).
If they are not in agreement, each parent may fill out and submit a Parenting Plan (Form 21).
2. Calculate Child Support
Under the Ohio Child Support Guideline Manual, the incomes of both parents are considered when determining child support obligations. Use the Ohio Child Support Calculator to estimate how much child support may be awarded by the court.
3. Complete and File Required Forms
Download and complete all of the following forms:
- Complaint for Parentage, Allocation of Parental Rights and Responsibilities, and Parenting Time (DR Form 23/Juvi Form 2)
- Parenting Proceeding Affidavit (Form 3)
- Affidavit of Basic Information, Income, and Expenses (Form 1)
- Health Insurance Affidavit (Form 4)
- Request for Service (DR Form 31/Juvi Form 10)
File the forms with the county court local to the child’s permanent residence. Follow the instructions provided by the clerk to continue with custody proceedings and attend any required hearings.
4. Parenting Judgment Entry
The court will issue a final judgment with a Parenting Judgment Entry (DR Form 22/Juvi Form 1).
Custody Laws
- Allocating parental rights and responsibilities: § 3109.04
- Best interests of the child: § 3109.04(F)
- Child’s preference: § 3109.04(B)
- Child support determinations: § 3109.05
- Children conceived as a result of rape or sexual battery: § 3109.501
- Custody rights of unmarried mother: § 3109.042
- Emergency custody: § 3127.18
- Equality of parental rights and responsibilities: § 3109.03
- Grandparenting time (visitation): § 3109.12
- Ineligibility for one parent killing other parent: § 3109.42, § 3109.43
- Mediation: § 3109.052
- Modification: § 3109.04(E)
- Parenting time (visitation): § 3109.051
- State policy on parent and child relationship: § 3109.401
- Temporary custody order: § 3109.043
- Uniform Child Custody Act: Chapter 3127
Related Forms
