Research FAQ's: Child Custody

The Law Library Staff prepares "Research Frequently Asked Questions" (FAQs) for the convenience of our users to provide access to a variety of sources addressing particular points of law. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. Please seek legal counsel to help you determine the applicability of any of the information in these resources to your specific situation. The Law Library makes no recommendation as to whether you should purchase any services offered by the websites contained in this FAQ.

IN DIVORCE PROCEEDINGS

Statutes:

R.C. 3105.21: Order for Disposition, Care and Maintenance of Children
Ohio RC Chapter 3109

FAQs, Forms and Articles:

Domestic Relations and Juvenile Standardized Forms (Ohio Supreme Court)
Family Law from Lawyers.com
Cuyahoga County Domestic Relations Court: Contains forms for modifying parental rights and responsibilities and custodial parent's notice of intent to relocate.
Generic Forms Domestic/Juvenile Court - Franklin County

UNMARRIED PARENTS

Statutes:

Ohio Revised Code Chapter 3111: Establishment of Parent/Child Relationships/Paternity Actions.
RC 3109: Children, especially 3109.042, Custody Rights of Unmarried Mother, and 3109.12, Visitation Rights where Mother is Unmarried.

FAQs and Forms:

Domestic Relations and Juvenile Standardized Forms (Ohio Supreme Court)
Cuyahoga County Juvenile Court:
FAQs and forms
Child and Family Advocates of Cuyahoga County: FAQs and resources.
Parenting Time and Companionship or Visitation Orders, see page 2.

BY THE COUNTY

Under certain circumstances, Children’s Services will initiate a juvenile court proceeding for custody of a child. These cases fall into three categories:

Neglected Child: Ohio Revised Code 2151.03(A)
Abused Child: Ohio Revised Code 2151.031
Dependent Child: Ohio Revised code 2151.04

There is provision for the court to make emergency ex parte orders prior to a full hearing: Ohio Revised Code 2151.33. These orders will be followed with a full hearing. See also the Ohio Rules of Juvenile Procedure.

If a child is found to be neglected, abused or dependent (adjudication), the court has a number of responses (disposition) available to it. These are:

Protective Supervision: 2151.353(A)(1)
Temporary Custody: 2151.353(A)(2)
Legal Custody: 2151.353(A)(3)Permanent Custody 2151.353(A)(4)
Permanent Planned Living Arrangement (formerly long term foster care): 2151.353(A)(5)

Parent Resources:

Parents may be entitled to assigned counsel. Contact the Assigned Counsel Office, Juvenile Court: 216/698-4772Guardian ad Litem: Ohio Revised Code 2151.281.
Guardian ad Litem represents the best interests of the children and is appointed by a judge. A parent can request that a Guardian ad Litem be appointed.

BY GRANDPARENTS

Grandparent Companionship and Visitation Rights (Legislative Service Commission).
Ohio Revised Code: Documents Providing Grandparents with Authority over Care, Custody and Control of Child, ORC 3109.51 to 3109.80.
Ohio State Bar Association Articles:
Power of Attorney Can Help Grandparents Get Authority To Care for Grandchildren

IN DIVORCE PROCEEDINGS

Statutes:

R.C. 3105.21: Order for Disposition, Care and Maintenance of Children

FAQs, Forms and Articles:

Domestic Relations and Juvenile Standardized Forms (Ohio Supreme Court)

Family Law from Lawyers.com

Cuyahoga County Domestic Relations Court: Contains forms for modifying parental rights and responsibilities and custodial parent's notice of intent to relocate.

UNMARRIED PARENTS

Statutes:

Ohio Revised Code Chapter 3111: Establishment of Parent/Child Relationships/Paternity Actions.

RC 3109: Children, especially 3109.042, Custody Rights of Unmarried Mother, and 3109.12, Visitation Rights where Mother is Unmarried.

FAQs and Forms:

Domestic Relations and Juvenile Standardized Forms (Ohio Supreme Court)

Cuyahoga County Juvenile Court:

Child and Family Advocates of Cuyahoga County: FAQs and resources.

Parenting Time and Companionship or Visitation Orders, see page 2.

BY THE COUNTY

Under certain circumstances, Children’s Services will initiate a juvenile court proceeding for custody of a child. These cases fall into three categories:

Neglected Child: Ohio Revised Code 2151.03(A)

Abused Child: Ohio Revised Code 2151.031

Dependent Child: Ohio Revised code 2151.04

There is provision for the court to make emergency ex parte orders prior to a full hearing: Ohio Revised Code 2151.33. These orders will be followed with a full hearing. See also the Ohio Rules of Juvenile Procedure.

If a child is found to be neglected, abused or dependent (adjudication), the court has a number of responses (disposition) available to it. These are:

Protective Supervision: 2151.353(A)(1)

Temporary Custody: 2151.353(A)(2)

Legal Custody: 2151.353(A)(3)Permanent Custody 2151.353(A)(4)

Permanent Planned Living Arrangement (formerly long term foster care): 2151.353(A)(5)

Parent Resources:

Parents may be entitled to assigned counsel. Contact the Assigned Counsel Office, Juvenile Court: 216/698-4772Guardian ad Litem: Ohio Revised Code 2151.281.

Guardian ad Litem represents the best interests of the children and is appointed by a judge. A parent can request that a Guardian ad Litem be appointed.

BY GRANDPARENTS

Grandparent Companionship and Visitation Rights (Legislative Service Commission).

Ohio Revised Code: Documents Providing Grandparents with Authority over Care, Custody and Control of Child, ORC 3109.51 to 3109.80.

Ohio State Bar Association Articles:

GENERAL INFORMATION

Cuyahoga County:

Ohio State Bar Association Articles:

Ohio Legislative Service:

NOLO: Child Custody, Child Support & Visitation

American Bar Association: