Right of residence: All information
The right of residence is part of the custody. Should parents disagree about whom the child should stay with in the event of a divorce, legal action must be taken.
This regulates the right of residence
The right of residence determination results from § 1627 of the Civil Code (BGB). It regulates the determination of the spatial residence of a minor child.
- The place of residence and the apartment of the child, i.e. permanent residence, are determined here.
- The law also regulates temporary stays, for example on vacation or in a hospital.
- As long as both parents have custody of the child, both can determine where their child is. Even in the event of a divorce, both are entitled to a residence permit if they have not applied for sole residence permit rights.
- If one parent has the sole right of residence determination, both parents can still have custody. The only issue here is that only one parent can determine where the minor child is allowed to be.
- The custody and the right of access for the second parent remain despite the sole right of residence.
What happens if I move?
Should there be a move to another city or abroad after a divorce, this is often a matter of dispute.
- In this case, a parent can apply for the sole right of residence to prevent the move.
- In the event of a move abroad, reasons can be given stating that the child has no relationship with the country of immigration. A lack of language skills or a lack of cultural background are also possible reasons.
Regulations for vacation
When staying on holiday in peaceful areas within the EU, each parent who is entitled to a residence permit can decide where to go on holiday with the child. The situation is somewhat different in areas outside the EU that belong to politically troubled areas.
- In this case, the child may not travel without the permission of the second parent.
- If the parent comes from a politically stable country outside the EU and the child can be expected to travel according to their age, the parent alone can decide whether the child can travel or not.
- In principle, the parent who is entitled to the residence permit can decide for himself whether he can travel with the child.
- The non-residence-determining parent, on the other hand, must obtain permission.
- If an agreement is not possible, this must be decided by the court.
Other information on the right to determine residence
If the child is with the parent who is not entitled to a residence permit, the parent may also determine where the child is located.
- In this case, however, the residence requirement only applies to matters of daily care.
- This includes, for example, visits to relatives and friends or short trips and short vacations within German territory or to neighboring European countries.
- This parent is also responsible for ensuring that the child's well-being is not endangered in these places.
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