Joint Parental Custody for Unmarried Parents; Applying for Custody
Service description
If the parents are not married to each other at the time of the child’s birth, they are jointly entitled to parental custody under a new legal provision that took effect on May 19, 2013, provided they declare that they wish to assume custody jointly (so-called “declarations of custody”), if they marry each other, or if the family court grants them joint parental custody. Otherwise, the mother has parental custody.
Essentially, the following scenarios are conceivable that could lead to joint custody for parents who are not married to each other:
- After the child is born, the mother and the father—who has previously acknowledged paternity—get married.
- The mother and father declare their consent to joint custody at the Youth Welfare Office. The mother and father thus have joint custody.
- If one parent does not give consent, the other parent can try to reach an agreement with the youth welfare office. If this is unsuccessful, or if the parent does not believe this approach is likely to succeed, they may file a custody petition directly with the family court. The court will then decide whether the mother will retain sole custody or whether custody will also be granted to the father.
In the latter case, therefore, it is necessary to initiate family court proceedings.
Procedure
Family court proceedings have several distinctive features and follow a tiered process. In certain situations, a written and highly simplified procedure may be considered. For further details, it is recommended that you seek advice from the Youth Welfare Office and, if necessary, from an attorney.
Prerequisites
- Paternity must be legally acknowledged
- The parents are not married to each other
- The mother had sole custody until now
- The parents are of legal age, or their legal guardians have given their consent
Note: Mothers and fathers who are not married to the other parent are entitled, under Book Eight of the Social Code (SGB VIII), to counseling regarding the submission of a declaration of custody and the possibility of a court-ordered transfer of joint parental custody.
What fees apply?
Court fees are incurred in connection with the legal proceedings; if a lawyer is retained, attorney’s fees are also incurred, which are based on the value of the claim.
Legal basis
Applications / Forms