Declaration of care

Your local authority is responsible for the declaration of care. As soon as an online service is available for the service, you will find the link here in the family portal.

You can submit the declaration of custody to the youth welfare office responsible for you. Alternatively, you can have the declaration of custody made by a notary public. You can find more information and contact details on the website of your municipality.

What is a statement of concern?

Married parents automatically have joint custody of their child and thus make all important decisions together. If the parents are not married to each other, the parental care is initially solely with the mother. This means that without a declaration of custody, an unmarried father has no custody of his child.

However, parents who are not married to each other can also exercise this right jointly: In a declaration of custody, both parents agree that they want to care for their child together. They can do this either jointly or with separate declarations. However, the mother must expressly agree to the declaration of custody.

The declaration of custody can be made even before the child is born. It is valid until the child's 18th birthday.

Where is the declaration of custody made?

You can submit the declaration of custody at the youth welfare office in your place of residence. Also a notary or a notary can certify your declaration of custody.

What happens if the parents do not agree?

If the mother refuses her consent and the father does not agree, he can apply for joint custody at the competent family court.

How can the mother with sole custody prove her power of representation?

By a so-called negative certificate. Such a negative certificate certifies that at the time of issuance of the certificate no declaration of care for the child has been made.

The negative certificate is issued by the Youth Welfare Office.

What is meant by custody?

Custody includes

• the personal care (such as care, education, care, education, medical care, recreation, residence, choice of religion),
.
• the care of property (such as opening of bank accounts, asset management) and
.
• the legal representation of the child
.

The personal care is to ensure that children can grow up cared for and protected.

The property custody requires the custodians that they deal responsibly with the assets of the child.

Must all decisions be made jointly?

Which decisions one parent may make alone and what both must decide together depends on whether the decisions are matters of daily life or matters of particular importance.

On matters of daily life, a parent may decide alone. These include, for example, decisions about the child's daily school routine, diet, clothing, handling small amounts of money or routine examinations at the doctor's office.

What are the requirements for the declaration of custody?

For the declaration of custody it does not matter whether the parents live in a joint household or what nationality they have. It is crucial that both parents want the joint care. If one or both parents are minors, the legal representatives must also agree.

The family court decides on any subsequent changes to the declaration of custody.

What documents do I need to submit?

The following documents must be submitted by parents for the declaration of custody:

• Valid identity cards or passports of both parents
.
• Birth certificate of the child or extract from the birth register in which both parents are registered
.
• During pregnancy: extract from the maternity passport as well as an acknowledgement of paternity
.

What dates and deadlines are to be observed?

Non-married parents can declare joint custody even before the birth of their child. In this case, the father is already registered at the registry office in the birth certificate.

The declaration of custody can also be made at any time later, but only until the child's 18th birthday.

The declaration of concern at the youth welfare office is free of charge.

For the declaration of custody with a notary or a notary costs arise.