Explain joint custody of a child

Prerequisites

• You as parents are not married to each other.
• Paternity is effectively recognized.
• Your child has already been conceived or is still a minor.
• A court decision regarding parental custody has not yet been made.
• You submit the declaration in person.
• Both parents speak sufficient German. If this is not the case and you need an interpreter:
  • You bring someone with you who can translate. The authorities will only provide an interpreter in exceptional cases.
  • The person translating must not be related to the parent for whom the translation is being done.
  • The person translating can identify themselves.
  • They tell you which language the translation will be into.

Documents required

• Parents’ identity card, passport or other identification document
• Birth certificate of the child or maternity record in the case of a prenatal care declaration
• If applicable, additionally: Certificate of recognition of paternity or court order establishing paternity

Please note

You can also make the joint custody declaration before a notary of your choice.

After consistent custody declarations have been made, parental custody can only be changed by a decision of the family court.

Deadlines

You can submit the custody declaration even if your child has not yet been born but has already been conceived. The child must still be a minor at the time the custody declaration is submitted.

Procedure

• You make an appointment with the relevant authority and both appear in person.
• If this has not already happened, the father acknowledges paternity.
• You will be informed about the legal consequences of the custody declaration.
• Your written statement will be read to you.
• You sign the declaration.

Processing time

The appointment usually lasts between 30 and 60 minutes. Certified copies of the documents are handed out directly at the appointment.

Fees

No

Legal remedies

This is a declaration by you. No legal remedy is provided.

Legal basis

§ 1626a German Civil Code (BGB)

www.gesetze-im-internet.de/bgb/__1626a.html


§ 1626 b German Civil Code (BGB)

www.gesetze-im-internet.de/bgb/__1626b.html


§ 1626 c German Civil Code (BGB)

www.gesetze-im-internet.de/bgb/__1626c.html


Section 1626d paragraph 1 German Civil Code (BGB)

www.gesetze-im-internet.de/bgb/__1626d.html


§ 59 Social Code, Volume VIII (SGB VIII)

www.gesetze-im-internet.de/sgb_8/__59.html