Custody, Visitation and Support FAQ

Married parents each have full custody of their child/children until a court of competent jurisdiction allocates parental rights.

An unmarried female is the residential parent and legal custodian of her child until such time a court of proper jurisdiction issues orders designating another person as the legal custodian.

Custody is the care, control, and maintenance of a child. A child’s parents are both presumed to be the natural and proper custodians. However, the court may be asked to determine the custody of a child in some circumstances. The best interest of the child guides the court’s decision. There are several types of custody:

• Shared Parenting is a custodial determination when both parents retain joint custody and responsibility for the care and control of the child. The parents have joint authority to make decisions concerning the child, even though the child’s primary residence may be with only one parent.
• Joint physical custody is when both parents share physical and custodial care of the child.
• Sole custody gives one parent the primary responsibility for the care of the child. That parent makes all the daily decisions about his/her child’s life.

Time spent with a child by a parent.
A parent who does not have primary physical custody of a child is legally entitled to seek parenting time with that child. There are exceptions to this when it is not in the best interest of the child.

If the parents cannot agree to a parenting time schedule in mediation, or on their own, the magistrate/judge will order a schedule. This can include general parenting time days as well as holidays, school breaks, summer, vacations, and special occasions.

Custody, parenting time, visitation, and support determinations are made in the Juvenile Division and Domestic Relations Division of the Court of Common Pleas. If you do not already have an order from another court, you may file a Complaint requesting custody, parenting time or visitation, in the proper court of a county. If you do have an order from this court granting you custody, parenting time or visitation and you wish to amend (change) that order, you may file a motion in the Clerk’s Office, of the proper jurisdiction

These hearings are necessary when parents do not live together and cannot agree on what is best for their children, when a parent cannot take care of his/her children, or when someone believes a child is in danger from a parent or caretaker.

Custody may be placed with a non-parent only if there is “clear and convincing” evidence that it is necessary for the best interest of the child.

Grandparent Power of Attorney is available upon request.

A Guardian Ad Litem (GAL) is a lawyer, appointed by the court in a civil proceeding to represent the best interests of a child or a person under disability. A GAL may be appointed for a child in the following situations:

• Custody and parenting time cases.
• The child is alleged to be abused or neglected.
• The child is the subject of an entrustment agreement.
• The child is the subject of a petition terminating parental rights.
• Where a parent seeks to be relieved of custody.
• Where the child seeks emancipation.
• In mental health commitment proceedings.
• For foster care plans or status reviews.
• In addition, a GAL may be appointed in all other cases that, in the discretion of the court, require a GAL to represent the best interest of a child or children.

Any order of the court–including-custody, parenting time, visitation, and support orders–can be enforced by filing a motion with the court requiring the other party to “Show Cause” why he or she should not be held in contempt of court for failing to follow the court’s prior orders.

Child support and medical support are established either by an administrative order issued by the Child Support Agency or court order issued by a court of proper jurisdiction. The amount of a child support order and/or a medical support order is based on a formula that primarily considers the income of both parents, number of children to benefit from the order, the cost of work/school related daycare for the same children, the marginal cost to provide health care, dental, and/or vision coverage for the same children, support paid or received for other natural children of the parents not subjects of the order. Child support and medical support are to be paid each month for the support of the minor children and/or to provide funds for health care, dental, and/or vision insurance.

Child support is based upon the combined gross income of the parents involved. The court uses the Ohio Child Support Guidelines, which are part of state law, to guide decisions on child support.

There are a number of expenses that can be added to the financial responsibility including (but not limited to) health care costs, extraordinary medical or dental expenses, and child care costs. Adjustments may also be made depending on which parent is paying health care costs, etc.

Child support if paid directly to the other party is considered a gift. It must be paid through the Ohio Child Support Payment Central (OCSPC), PO BOX 182372, Columbus, Ohio 43218-2372. Child support and Medical support are more commonly paid through wage withholding orders.

The Child Support Enforcement Agency (CSEA) is a county agency that assists in the establishment of child support and medical support orders and the collection of said child support and medical support. A person who seeks child support and/or medical support for a child may contact CSEA for their services and assistance. CSEA is the channel for support from one parent to another parent or legal custodian.

In other words, the person owing support can send money to CSEA or OCSPC, or it will be taken from their wages or bank accounts then forward payment to OCSPC and send it to the person who is ordered to receive it. CSEA then has a record of collections and distributions of the support money.

You don’t necessarily need a lawyer to file for child support. You may represent yourself. However, you should bring all documents available to prove your financial position, including pay stubs, copies of medical bills, copies of income tax returns, etc. (This court requires you to file copies of all this information in advance of any hearings.)
If you have questions about child support, you can contact CSEA at 740-833-2720 or OCSPC at 1-800-960-2372.

Support determination can be made in Juvenile Court and Domestic Relations Court or through CSEA. If there is not an order from another court, you may file a complaint for child support, medical support or motion for child support or medical support in the proper Court or with CSEA. CSEA is located on the third floor of the juvenile court building. For questions you can contact the Juvenile Court at 740-833-3590 for information or CSEA 740-833-2720.

If you already have an order for support through this court and you want the court to consider changing that order, you may file a “Motion” at the Clerk’s Office on the ground floor of the Hayes Building.

Jurisdiction is based on the state and county in which the child resides with a parent or legal custodian on the date of the filing or the state that is the home state of the child within six months before the commencement of the proceeding and that the child is absent from the state but a parent acting as a parent continues to live in this state.

A Court of another state or county does have jurisdiction under this section if a court of the home state of the child has declined to exercise jurisdiction on the basis that this state is a more appropriate forum.
The child and the child’s parents or the child and at least one parent or person acting as a parent, have a significant connection with this state other than mere physical presence.
Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships.

All courts having proper jurisdiction have declined to exercise jurisdiction on the ground that a court of this state is more appropriate forum to determine the custody of the child.

No court of any other state would have jurisdiction under the criteria specified above.

Final determination of jurisdiction is made by the Court in which action is filed or by agreement of the Court in which the action is filed and the prior court that has exercised proper jurisdiction.

Your appearance is not required for a Non-Oral Hearing. There is no actual hearing held. Non-Oral Hearings is a date for the Judge or Magistrate to review the case and allows them a set time to address pending motions.

The initial filing fee for a Shared Custody, Parenting, and Visitation complaint is $150.00.
Motions on existing cases are $20.00, the exception to motion to continue, dismiss, appear, change of counsel, withdrawal of counsel and any others at the Courts discretion.

There is no charge for any matters involving Child Support.

If parties utilize the process of mediation the cost is $50.00 per party.

Copies of matters in Delaware County Juvenile Court can be requested in the Clerk’s office of the Delaware County Juvenile Court. There is a fee of .05 cents per page.

Court personnel are not able to assist in filling out paperwork unless the party filing is unable to complete the paperwork on their own due to a disability.

The Andrews House offers a free legal clinic the third Tuesday of the Month.
https://andrewshouse.org/programs/legal_clinic.html