The forms listed below are required. Failure to provide all forms listed, or filing incomplete forms, may result in your case not being filed or being dismissed.
If any of the Supreme Court Form links do not work - you may find the forms here: https://www.supremecourt.ohio.gov/courts/services-to-courts/children-families/dom-rel-juvenile-forms/
Remember to fill out the County Name (Adams) and the Division of the Court (Juvenile). The name of the Judge to be used on the forms is Brett M. Spencer. The name of the Magistrate to be used on all forms is David M. Hunter.
NOTE: The forms listed below are required to establish a case involving custody of a minor child when both parents are deceased. Remember to fill out the County Name (Adams) and the Division of the Court (Juvenile). The name of the Judge to be used on the forms is Brett M. Spencer. The name of the Magistrate to be used on all forms is David M. Hunter.
Note; A separate case must be filed for each child.
IF THERE IS NO CASE INVOLVING THE CHILD - A COMPLAINT MUST BE FILED. A Complaint is a legal document used to initiate a case in a Court. When a private third party seeks to obtain authority over a minor child because both biological parents are deceased, and there is no existing case for the child in this Court, the party must file a Complaint for Legal Custody using Form AC-308.
IF THERE IS ALREADY A CASE INVOLVING A CHILD - A MOTION MUST BE FILED. Subsequent actions in a case are called motions. You will need the correct Caption information which may include the case number, party names, child name, and title of the motion. If the child already has an open or closed case file in this Court (e.g., prior support or custody matter), the party must file a Motion for Legal Custody using Form AC-308.
Form AC-001 - Notice of Appearance (Word | PDF) Required for Attorneys and any party not represented by an attorney
Form AC-002 - Waiver of Counsel (Word | PDF) Required for any party not represented by an attorney
Form AC-007 - Authorization for Background Search (Word | PDF )
Required for each household resident over the age of 18.
A background check from a sheriff's department for each household resident over the age of 18 is required and must be submitted to the Court. The Sheriff may charge a fee for this service. Both Federal (FBI) and Ohio (BCI) checks must be completed.
A Certified Copy of the child's birth certificate is required. The Court will make a copy and return the original.
Form AC-308.Complaint / Motion for Legal Custody when both parents deceased. (Word | PDF)
Form AC-309 AFFIDAVIT FOR CUSTODY (PARENTS DECEASED) (Word | PDF)
AC-310 MOTION FOR TEMPORARY CUSTODY (EX PARTE) - Parents Deceased (Word | PDF)
Paternity must be established. (Click here for more information on paternity)
COURT COSTS DEPOSITS MUST BE PAID BEFORE ANY PLEADINGS WILL BE ACCEPTED FOR FILING. An affidavit of indigency and a motion to waive the Court Cost Deposit must be filed in order to waive this requirement. You must meet Federal Guidelines for indigency or the motion will not be granted. Contact the Court when filing.
ALL FILINGS ARE SUBJECT TO REVIEW BY THE COURT FOR COMPLETENESS AND ACCURACY. INCOMPLETE, ILLEGIBLE, OR OTHER DOCUMENTS NOT CONFORMING WITH OHIO LAW AND RULES OF PROCEDURE MAY RESULT IN THE PLEADINGS BEING DISMISSED.