Parental custody is governed by law under Section 1626 of the German Civil Code (BGB). According to the law, parents have both the duty and the right to care for their minor child.
If disputes arise, a parent may apply to the family court for sole custody.
If the parents are able to part ways amicably, they share joint custody of their minor children.
The primary criterion for your decisions should always be the best interests of your child or children.
An experienced certified specialist lawyer in family law can assist you in the decision-making process and show you ways to best achieve your responsible goals—with or, if necessary, without the other parent.
Marriage is no longer a prerequisite for joint custody
Married parents generally (automatically) have joint custody of their minor children, while unmarried parents can either submit a mutual custody agreement or file a petition with the family court to transfer parental custody—even against the other parent’s will.
According to the law, the family court, upon the request of one parent, grants joint parental custody—or a portion thereof—to both parents if the transfer is in the best interests of the child.
The Struggle for Sole Custody
The law generally holds both parents responsible and entitled to care for the child and to reach an agreement in the event of disagreements. Sole custody can be transferred to the mother or father only upon the request of one of the parents.
If the other parent consents to this request, the court generally grants it. If the other parent does not consent, the court must determine whether the transfer of custody best serves the child’s best interests . As the petitioner, you must not only explain why you believe that sole custody in your hands is in the child’s best interest, but also convincingly demonstrate—and, if necessary, prove—that maintaining joint parental custody is contrary to the child’s best interest.
When drafting this justification, you should definitely seek advice from an experienced certified specialist lawyer in family law, as he or she knows where to focus the argument and which wording to use.
The Youth Welfare Office will then issue a statement on the petition, after which the family court will rule on the custody petition. The child will also be heard by the court and may participate in the decision- making process starting at age 14 at the latest.
Common Questions and Myths About Custody
Many half-truths and misconceptions about custody circulate in forums and conversations among those affected. A consultation addressing your specific situation can help you understand the legal landscape.
Every child is an individual, just as you, as parents, are individuals. For this reason, every “case” must be assessed on its own merits.
As a general rule: In disputes over custody issues, in applications for sole custody, or in specific questions regarding certain custody-related topics, the legal expertise of a specialized lawyer is invaluable.
A lawyer specializing in family law knows how to assess the likelihood of success or failure of applications and will guide you through the entire process.
The best interests of the child are always the decisive factor in custody disputes. If, in the opinion of the youth welfare office and possibly also the court-appointed guardian ad litem (a kind of “lawyer” for the child), the family court grants you sole custody, the child is under your care and supervision.
Nevertheless, the other parent must not be prohibited from having contact with the child. Custody and visitation rights are two entirely different matters! And visitation rights are not limited to in- person visits. Visitation rights extend to shared vacations, telephone/digital contact, and also the right to receive information about the child’s personal circumstances.
The vexing issue of relocation
Many rumors about custody revolve around the topic of moving. If both parents have joint custody, the parent planning to move must coordinate with the other parent, as a change of residence is generally a decision relevant to custody.
If necessary, the parents may go to court to dispute the right to determine the child’s residence (as part of custody). If one parent has sole custody, that parent may determine the child’s residence and is not required to ask the other parent for permission before moving.
However, it is always advisable to inform the other parent of this intention in advance.
Conclusion
In custody disputes, it is important to exercise good judgment when weighing behavior and choice of words. Applications must be evaluated based on their prospects for success—drawing on experience—and drafted and submitted correctly in both form and content.
An experienced certified specialist lawyer in family law will always handle your matters with the child’s best interests in mind.
