Assistance

If you are raising your child alone, you can apply for a guardianship for your child at the youth welfare office. The guardian will help you to legally clarify paternity and/or enforce your child's maintenance claims.

Text last updated: 2024-06-28

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Simply explained

What is a guardianship?

Are you a mother or father caring for your child alone? Then you have the option of getting a guardian from the youth welfare office. This person will help you to legally clarify the paternity of your child and ensure that your child receives the maintenance to which he or she is entitled. You can decide for yourself which of these tasks the legal adviser will take on.

What does the guardian take care of?

The legal adviser can, for example, talk to the child's father to get him to acknowledge paternity and, if necessary, have paternity established in court. Or, for example, they can determine the other parent's income and calculate how much maintenance your child is entitled to. You can discuss in person which of these two tasks are specifically covered by the guardianship. You also have the option of limiting the task to individual points, for example to establishing paternity or only to maintenance issues.

What does a guardianship mean for my rights?

The guardian represents your child and can act on their behalf - even in court. But don't worry: this does not restrict your parental care. You retain the full right to represent your child. There is one exception so that there are no contradictory declarations in court proceedings: in proceedings concerning paternity establishment or maintenance, what the guardian declares takes precedence.

Further information can be found in this brochure from the BMFSFJ.

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Where can I apply for guardianship?

You can apply for guardianship at your local youth welfare office. You can find the youth welfare office that is responsible for you here.

Who can work as a guardian?

The task is carried out by an employee of the youth welfare office who is very familiar with this area.

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Who is entitled to assistance?

As a mother or father, you can apply for guardianship for your child,

  • if you have sole parental responsibility for the child or
  • if the child lives with you or if you are the sole carer
  • .

    In these cases, you are also entitled to assistance if you have joint custody following separation and divorce.

    The nationality of your child does not play a role in your entitlement to assistance, but they must live in Germany.

    What I need

    What documents do I need to submit?

    A written application to the youth welfare office in your place of residence is sufficient to obtain assistance. As soon as this has been submitted, the youth welfare office is your child's guardian.

    This must be observed

    When can I apply for guardianship?

    From the birth of your child, you can apply for guardianship at any time - until your child's 18th birthday. When your child comes of age, the guardianship ends automatically. You can also apply for guardianship before the birth if you are pregnant and not married and you and the other parent have not made a joint declaration of custody.

    These costs arise

    Guidance from the youth welfare office is free of charge.

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