How Family Court Works in Ohio

Ohio's terms

Ohio’s main custody statute, R.C. 3109.04, does not frame the decision as “custody” and “visitation.” The court allocates parental rights and responsibilities and either designates one parent the residential parent and legal custodian or issues a shared parenting order (R.C. 3109.04(A)). The time a child spends with a parent is parenting time, and time with other people, such as grandparents, is companionship or visitation (R.C. 3109.051). The uniform forms often add “custody” in parentheses so the terms are easier to follow.

Which court hears your case

Family cases are heard in the court of common pleas of each county. Which division depends on the kind of case:

• Divorce and legal separation. The court allocates parental rights and responsibilities as part of the case (R.C. 3105.21(A)). After the decree, the court’s continuing jurisdiction is invoked by a motion filed in the original action (Civ.R. 75(J)).
• Juvenile court. The juvenile court has exclusive original jurisdiction to determine the custody of any child who is not a ward of another Ohio court, and to hear a child support request that is not ancillary to a divorce, dissolution, annulment, legal separation, or certain other actions (R.C. 2151.23(A)(2), (A)(11)). It also has original jurisdiction to determine the paternity of a child alleged to have been born out of wedlock (R.C. 2151.23(B)(2)). In custody matters it applies R.C. 3109.04 (R.C. 2151.23(F)(1)).
• County differences. R.C. 2301.03 sets up the domestic relations division county by county, and in some counties, such as Franklin, the domestic relations judges also have the powers of the juvenile court. The exceptions in R.C. 2151.23 refer to that statute, so the right courtroom can differ from county to county.

A court other than a juvenile court may also certify a custody or support case to the juvenile court, which then has exclusive jurisdiction (R.C. 3109.06).

The uniform domestic relations forms

The Supreme Court of Ohio approves a set of uniform domestic relations forms under Civ.R. 84. Many are printed as also approved under Juv.R. 46, and most of those carry a Uniform Juvenile Form number as well. Under both rules, the approved forms are sufficient and shall be accepted for filing by Ohio courts, and courts may also accept substantially similar local forms. Parenting forms in the set include:

• Form 23 (Juvenile Form 2), Complaint for Parentage, Allocation of Parental Rights and Responsibilities and Parenting Time (amended June 1, 2021)
• Form 26 (Juvenile Form 5), Motion for Change of Parenting Time (Companionship and Visitation) (amended September 21, 2020)
• Form 27 (Juvenile Form 6), Motion for Change of Parental Rights and Responsibilities (Custody) (amended September 21, 2020)
• Form 28 (Juvenile Form 7), Motion for Change of Child Support, Medical Support, Tax Exemption, or Other Child-Related Expenses (amended September 21, 2020)
• Form 24 (Juvenile Form 3), Motion for Contempt, Affidavit, and Instructions for Service (amended September 21, 2020)
• Form 31 (Juvenile Form 10), Request for Service (amended September 21, 2020)
• Affidavit 3, Parenting Proceeding Affidavit (amended June 1, 2021)

The newest form in the set is Form 32 (Juvenile Form 11), Motion to Intervene (effective January 22, 2026). Many forms’ instructions list other forms that must be filed with them, and some add that the court may require more.

Magistrates

Many hearings are conducted by a magistrate rather than the judge. A magistrate must have practiced law for at least four years (Civ.R. 53(A)). In divorce, annulment, and legal separation actions, all issues may be heard by the court or by a magistrate, and Civ.R. 53 governs matters referred to a magistrate (Civ.R. 75(C)). Juvenile court magistrates work under Juv.R. 40, which sets the same objection deadlines.

A magistrate’s decision is not effective unless the court adopts it (Civ.R. 53(D)(4)(a)). You can file written objections within 14 days of the filing of the decision. The hearing prep guide explains the steps.

Filing on paper or electronically

Under Civ.R. 5(E), each court must provide for electronic filing by court order or local rule, and that order or rule must specify the days and hours filings are received and when an electronically filed document counts as filed. The details, and how you e-file, are set by your court, so check its order or local rules. Papers filed after the complaint that must be served are filed within three days after service (Civ.R. 5(D)).

Guardians ad litem and investigations

If the court interviews a child, it may appoint a guardian ad litem for the child and must do so on either parent’s motion (R.C. 3109.04(B)(2)(a)). In a divorce, annulment, or legal separation, the court may also join the child as a party and appoint a guardian ad litem when that is essential to protect the child’s interests (Civ.R. 75(B)(2)). Sup.R. 8.00 to 8.07 govern guardians ad litem in domestic relations and juvenile cases. Before trial, the court may order an investigation of each parent and medical, psychological, or psychiatric examinations (R.C. 3109.04(C); Civ.R. 75(D)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• R.C. 3109.04, allocating parental rights and responsibilities
• R.C. 3109.051, parenting time
• R.C. 3105.21, orders for children
• R.C. 2151.23, juvenile court jurisdiction
• R.C. 2301.03, domestic relations divisions by county
• R.C. 3109.06, certification to juvenile court
• Ohio Civil Rules 5, 53, 75, and 84
• Ohio Juvenile Rules 40 and 46
• Rules of Superintendence 8.00 to 8.07, guardians ad litem
• Supreme Court of Ohio uniform domestic relations forms
• Uniform Domestic Relations Form 27 (Juvenile Form 6), Motion for Change of Parental Rights and Responsibilities (Custody)