What county do I file my paperwork in?

Parents with existing orders

In the event that a domestic relations or juvenile court has already issued orders for your child, whether they were issued yesterday or many years ago, the parents must file within the county from which these orders originated.  The reason is that the issuing court has ultimate jurisdiction over your child's case; therefore, subsequent filings must be presented to this court for consideration.   An example is included below to help clarify these points of interest.

Case in point: A mother and father have orders from the Domestic Relations Court in Summit County, Ohio.  By the terms of these court orders, which are two years old, the mother is the custodial and residential parent.  Eight months ago, however, the mother and child moved further north to Cleveland.  Should the father then, if needed, file his motions in Cuyahoga County?  The answer is no.  Since orders still stand from the Summit County Domestic Relations Court, you will file your paperwork in Summit County.  This also counts if you have shared parenting, as the plan usually has a provision to addresses this issue.  It is important to note that in these circumstances, the parent relocating should notify the court by filing a Notice of Intent to Relocate within the court of competent jurisdiction.  Unfortunately, many parents never take this step.

New cases: Establishing a parent and child relationship

Since orders do not already exist in these cases, there is not a controlling court.  Therefore, an unmarried father will file his complaint in the county where their child lives.  Technically, the Juvenile Court system will likely hear cases that involve the Child Services Agency, as well as a few others, but the Domestic Relations Division is generally the natural setting for these matters.  In areas that do not have this separate section, the Court of Common Pleas is the appropriate forum.  A simple example is provided for you below.

Case in point: An unmarried mother lives in Canton.  The father of her child, who lives in Akron, wants to establish a parent and child relationship.  Given that the child resides in Stark County, should he file his complaint there?  The answer is yes.  In cases like these, the controlling factor is the child's residence.  As a result, the father will file his paperwork at the Stark County Domestic Relations Court, in Canton, Ohio.

Ohio Revised Code:

This particular quote pertains to Summit County courts only.  According to 2301.03 (I)(1) of the Ohio Revised Code, "Except in cases that are subject to the exclusive original jurisdiction of the juvenile court, the judges of the division of [Summit County] domestic relations shall have assigned to them and hear all cases pertaining to paternity, custody, visitation, child support, or the allocation of parental rights and responsibilities for the care of children and all post-decree proceedings arising from any case pertaining to any of those matters."  Other Ohio counties are listed within the same section of code and may have different rules than given here.