There are three different courts which can transfer child custody or create a Guardianship of a child.
It is difficult to decide which court you should file in. Most people will file in Juvenile Court. Some people may file in Probate Court for a Guardianship of a Minor. People who have been in Domestic Relations Court before regarding a child will need to return to that same court. There is one exception that applies ONLY in Summit County. If it is a father asking for custody of a child he must go to Domestic Relations Court. All other counties in Ohio use the Juvenile Court for such cases.
This is general legal advice and it cannot cover all possible contingencies.
An attorney can help you. Attorneys are available at the Juvenile Court, Domestic Relations Court, and Probate Court. If you attempt to file the case in the wrong court the Clerk of that court can help you determine which court you should be filing in. Clerks are NOT attorneys and CANNOT give you legal advice. They CAN help you understand the rules for filing in their own courts.
Here are some examples:
If parents are married to each other, each parent has full custody of the child and you will not need to go to court in order for one parent to keep custody.
In Summit County, if the parents are unmarried AND if no court has ever issued a custody order on a child and the person filing is NOT the father, use Juvenile Court or Probate Court.
In Summit County, if the parents are unmarried AND if no court has ever issued a custody order on a child and the person filing IS the father, use Domestic Relations Court.
In the other 87 Ohio counties, if no court has ever issued a custody order on a child use Juvenile Court or Probate Court.
If Juvenile or Domestic Relations Court has ever filed an order of custody of a child, return to that same court.
In order to file in Probate Court you will have to bass a Bureau of Criminal Investigation background check and an FBI background check if you have ever lived in another state besides Ohio. You will also need to be a citizen or a permanent resident.
It is difficult to decide which court you should file in. Most people will file in Juvenile Court. Some people may file in Probate Court for a Guardianship of a Minor. People who have been in Domestic Relations Court before regarding a child will need to return to that same court. There is one exception that applies ONLY in Summit County. If it is a father asking for custody of a child he must go to Domestic Relations Court. All other counties in Ohio use the Juvenile Court for such cases.
This is general legal advice and it cannot cover all possible contingencies.
An attorney can help you. Attorneys are available at the Juvenile Court, Domestic Relations Court, and Probate Court. If you attempt to file the case in the wrong court the Clerk of that court can help you determine which court you should be filing in. Clerks are NOT attorneys and CANNOT give you legal advice. They CAN help you understand the rules for filing in their own courts.
Here are some examples:
If parents are married to each other, each parent has full custody of the child and you will not need to go to court in order for one parent to keep custody.
In Summit County, if the parents are unmarried AND if no court has ever issued a custody order on a child and the person filing is NOT the father, use Juvenile Court or Probate Court.
In Summit County, if the parents are unmarried AND if no court has ever issued a custody order on a child and the person filing IS the father, use Domestic Relations Court.
In the other 87 Ohio counties, if no court has ever issued a custody order on a child use Juvenile Court or Probate Court.
If Juvenile or Domestic Relations Court has ever filed an order of custody of a child, return to that same court.
In order to file in Probate Court you will have to bass a Bureau of Criminal Investigation background check and an FBI background check if you have ever lived in another state besides Ohio. You will also need to be a citizen or a permanent resident.
