Difference common and sole custody - all information

Divorce is particularly complicated when children are involved and custody needs to be negotiated. In this article we explain the difference between sole and joint custody.

What does custody mean?

Whoever has custody of a child is authorized to make parental decisions for the child. These decisions thus determine the life of the child, such as the rules that apply in the household, which school is attended and how much pocket money it receives.

• The wellbeing of the child is a top priority when determining custody.
• Custody therefore does not mean that the parent has complete freedom in dealing with the child. For example, he must not endanger the well-being of children through violence.
• Custody ceases as soon as the child is of legal age. Then it can make its own decisions.
• The right of access is opposed to the right of access. The latter is a regulation that enables the child to contact the parent who does not have custody. However, access rights do not mean that one can also make decisions about the child's best interests.

Joint custody

When a couple is married, they have joint custody of legitimate children. If an unmarried couple lives in a marriage-like situation, an informal application to the youth welfare office is enough to apply for joint custody.

• This means that both are empowered to make decisions about child welfare. Ideally, you should agree on this. However, after separation, this can become complicated.
• Generally, both parents are initially entitled to custody after a divorce. The sole custody must be requested separately.
• Important prerequisites for shared custody are the willingness of both parents to compromise. This can be particularly difficult immediately after a separation.
• As a rule, the person with whom the child lives most of the time makes the majority of everyday decisions, such as about education. However, important matters must be resolved by mutual consent, such as changing schools, moving house or operations.
• To facilitate the communication process, a parent can also be given custody. This enables the respective person to make decisions without consultation. However, the power of attorney requires the consent of the former partner.
• Child welfare is also paramount in shared custody. The child should therefore not be involved in disputes between parents.

Sole custody

In the case of sole custody, the parent is authorized to make any decision independently and without consulting the former partner. It is only issued if there are good reasons that speak against common custody.

• The parent must therefore show the court serious reasons why the other parent should not have custody.
• Reasons can be, for example, outbreaks of violence, addictions or other dangerous living conditions.
• However, other factors are also taken into account, such as who the child has a closer relationship with and in whose care the child would experience a high level of security and stability.
• The juvenile court also tries not to separate siblings.
• As a rule, the court assigns the right of access to the parent who does not have custody.
• However, if the parent seriously endangers the child's welfare, the youth welfare office is authorized to even withdraw the parent's right of access. This is like a ban on contacting the child.

In the next article, we will explain what childcare maintenance is all about.