Child Custody

The Office of Child Support Services (OCSS) only recognizes “legal custody changes” in order to process any action regarding child support. This means that a legal custody change for a child must be obtained through the courts. Simply having physical possession of a child, is not considered “legal custody”.

OCSS may be able to assist with terminating the child support payments based on a legal custody change and establishing a new order on behalf of a new legal custodian. The legal custodian can be the mother, father, grandparent, any other relative or an agency.

**If the individual named as the payor/obligor becomes the legal custodian of the child, the current support order will terminate. However, if any arrears, (past due child support), are due and still owed, the OCSS will continue to collect the arrears until the outstanding balance is paid in full.

To apply for legal custody, the requestor must file an application with the appropriate Cuyahoga County Court (Juvenile or Domestic Relations).

POSSIBLE APPLICATION REQUIREMENTS:

• Birth Certificate – This is to ensure the correct spelling of child’s name and the date of birth and to confirm parent’s information.
• Social Security Card – This is for court records
• Proof of Paternity – This is to show that the father’s legal rights have been established and also the rights of extended paternal family.
• Application – This verifies child support case initiation.
• Intake Sheet – This document is for case tracking purposes.
• Filing Fee – Fees will be determined by the court.
• If current legal custodian is deceased, a copy of the death certificate or obituary must be provided at the time of filing.
• Any other appropriate documents requested by the Court.

Application and additional information can be obtained from the appropriate Court.