This regulates custody: the most important facts and information

Around 123,600 underage children were affected by their parents' divorce last year. In most cases, the children continue to live with their mother. However, custody remains equally with both parents. This means that both parents have a lot of rights, but also a lot of responsibilities. We have compiled the most important facts for you.

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via Sabrina
11/12/2018, 11:36
Auch bei geteiltem Sorgerecht bleiben viel Fragen offen. Wir klären auf.© iStock
Even with shared custody, many questions remain unanswered. We clarify them.

What does custody regulate?

It covers all important matters that affect the child's future life. These include naming, enrolment in nursery and school, choice of school, education, religious upbringing, determination of place of residence, rights of access and consent to major medical interventions. If joint custody remains in place after a separation, all of this must continue to be decided together.

Sole or joint custody?

If a couple is married when the child is born, the parents automatically have joint custody. Sole custody can be granted to one parent if both agree. An application must then be made to the family court, which is usually granted. Parents can also be deprived of custody if the child's welfare is at risk. This is the case if the child is beaten or abused, if it is neglected or lives in a dangerous environment.

Who is in charge?

A distinction is made between everyday matters and matters of particular importance. The parent with whom the child lives is allowed to decide on everyday matters alone, such as everything to do with school, meals, sleeping and TV times, visits to the doctor and contact with friends. The custody issues mentioned above are particularly important.

And giving up custody?

That is not possible. You can only transfer sole custody to the other parent. The prerequisite for this is that both parents agree. If the sole custodian dies, custody does not automatically pass to the other parent. A court then decides.

For patchwork families

If, for example, there is joint custody and the father has a new partner, she is not allowed to make any decisions for the child. In this case, it may make sense to issue the new partner with a power of attorney that also allows them to make day-to-day decisions.

You can find advice and support here

The website of the Federal Ministry provides detailed information. www.familienportal.de
The association advises all single parents nationwide. www.vamv.de
Legal information and good tips for dealing with children. www.gluecklichetrennungskinder.de
Lots of facts, a blog and a chat forum. www.die-alleinerziehenden.de
The association for a social life has everything new on family law. www.familienrecht-heute.de
Here you can exchange ideas with other people affected. www.elternforen.com