Apply for custody - you need to know that
If a parent wants to apply for custody of a child, this is usually not a purely formal application, but often a lengthy process. How to proceed and what you should consider. find out in this practical tip.
Apply for custody - when is it necessary?
In principle, married couples automatically receive joint custody when the child is born. This also remains in the case of divorce or separation, however, sole custody can also be applied for:
- So even with a divorce, you don't have to be afraid of losing your custody. However, a divorced or separated parent can apply for sole custody. If the application is made by both parents, it is usually accepted.
- However, if the father or mother leaves him alone, custody proceedings are initiated. The well-being of the child is always the top priority here. The decision of the child's wishes and the respective living and housing conditions of the parents are included in the decision-making process.
- However, if the parents are not married when the child is born, custody automatically lies with the mother. The mother can apply for joint custody at any time at the family court, provided that paternity has been recognized.
- To sum up: custody can be exercised alone or together. If the parents agree and make the application together, it will be accepted very quickly. However, if a parent provides this alone, a custody procedure is always initiated, with the child's well being in the foreground.
- You can get detailed advice on the subject of custody from the responsible youth welfare office. There are also various specialist and advisory books for parents who want to find out more about custody.
How to apply for custody
First of all, you need to be clear about whether you agree with the other parent or whether you are making the application alone:
- If both parents agree and want joint custody, they can issue a custody declaration for the respective parent who is not responsible for custody. It is a kind of certificate that is usually issued by a notary. This process takes place out of court.
- Alternatively, the father and mother can apply to the family court for joint custody. A specific form must be completed for this. Again, there are usually no problems with unity.
- It becomes more complex when the child's mother has sole custody and the father requests joint custody. For this, the latter has to write a letter to the family court, which will then initiate the custody procedure. The court knows that both parents are important to the child and will try to find the best solution.
- Of course there are also cases in which sole custody is applied for. If, for example, the father or mother believes that the other person is not a good role model for the child or the circumstances in life are simply not appropriate for the child's upbringing. Mediation can also help here in advance.
- Proceedings will also be initiated at the relevant family court after you have applied for sole custody. The court will carefully consider whether the child's well-being of the other parent is actually endangered and ultimately decide in the child's interest.
- The first way is often extensive legal advice from a family law attorney. In a separate practical tip, we will show you how this can also help you if you have no money for a lawyer.
If you apply for custody due to a divorce and would also like to accept your maiden name again, we will explain the necessary procedure in the next practical tip.