Can Anyone File for Custody in Juvenile Court?

In Ohio, almost anyone may file for custody in the Juvenile Courts, including non-parents.

Ohio R.C. 2151.23 states that juvenile courts have the power to determine the custody of any child not a ward of another court of this state. This applies to parents as well as nonparents seeking custody.

The Juvenile Rules reaffirm that non-parents can file for custody in Ohio. Ohio Juv.R. 10(A) states “[a]ny person may file a complaint to have determined the custody of a child not a ward of another court of this state, and any person entitled to the custody of a child and unlawfully deprived of such custody may file a complaint requesting a writ of habeas corpus. Complaints concerning custody shall be filed in the county where the child is found or was last known to be.”

The Ohio Supreme Court said in a landmark case regarding nonparent custody:

“It is well settled under Ohio law that a juvenile court may adjudicate custodial claims brought by the persons considered nonparents at law. For example, In re Perales concerned a child whose biological mother had placed her from infancy in the care of a nonparent. The child lived with the nonparent for two years.”

In Re Mullen held that “a parent can grant custody rights to a nonparent and will be bound by the agreement…” and that a “valid shared-custody agreement is reviewed by the juvenile court and is an enforceable contract.”

Ohio Supreme Court cases, the Ohio revised Code, and the rules of Ohio Juvenile Courts expressly allow for non-relatives and non-parents to maintain an action for custody. Virtually the only party who cannot file for custody in juvenile court is “[a] parent who has lost permanent custody of a child. They do not have standing as a nonparent to file a petition for custody of that same child.”

If you have questions about the Preble County Juvenile Courts or other local courts, or custody in general, please contact us!