Explain joint custody of a child

If you, as parents of a child together, are not married to each other at the time of birth, only the mother has legal custody. This does not apply if you as parents have made a declaration of joint custody or if a different court decision has been made...

If you, as parents of a child together, are not married to each other at the time of birth, only the mother has legal custody. This does not apply if you as parents have made a declaration of joint custody or if a different court decision has been made regarding custody. Written information can be provided about the mother's sole custody, the so-called negative certificate.

If you would like to have joint custody, both parents must declare this to the youth welfare office or a notary and have it certified. Paternity must first be recognized.

You can also submit the declaration of custody if your child has not yet been born but has already been conceived. However, this is still possible and necessary even after the birth if you do not marry each other and do not want to seek legal settlement.

A declaration of custody must be publicly recorded. You can arrange this at the youth welfare office responsible for you or, for a fee, at a notary.

After agreeing declarations of custody have been submitted, parental custody can only be changed through a decision by the family court.

Important notes

Prerequisites

The parents are not married to each other
Paternity is effectively recognized
The child does not have to be born yet, but it must have been conceived
A court decision regarding parental custody has not yet been made
The parents must appear in person
Both parents speak sufficient German. If this is not the case:
Youth Welfare Office: If you need an interpreter, please indicate the language you require when making the appointment.
Notary: If you need an interpreter, you must bring an interpreter with you to the appointment. This person must have a valid identity document and must not be related or related by marriage to the child's parents.

Documents required

Parents' identity card or passport
Birth certificate of the child in which the father is registered or maternity passport in the case of a prenatal declaration of custody
Certificate of paternity recognition or court order establishing paternity

Deadlines

The child must still be a minor at the time the custody declaration is submitted.

Procedure & Fees

Procedure

To declare custody, you must make a personal appointment at the youth welfare office responsible for you or at a notary's office.

If this has not already been done, the father must acknowledge paternity.
Both parents must appear in person, preferably together.
At the appointment you will be informed about the legal consequences of the declaration of custody. This will then be read to you and signed by both parents.