Declaration of custody
Whether it's about choosing a school, taking part in a vacation camp or medical treatment: many decisions have to be made while a child is growing up. Even parents who are not married can share this responsibility for their child. Here you can find out what joint custody means and how to agree it.
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What is a declaration of custody?
Married parents automatically have joint custody of their child and therefore make all important decisions together. If the parents are not married, parental custody initially lies 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 can also exercise this right jointly: In a declaration of custody, both parents agree that they want to jointly care for their child. 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 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 to the youth welfare office in your place of residence. A notary can also notarize your declaration of custody.
What happens if the parents do not agree?
If the mother refuses to give her consent and the father does not agree, he can apply to the competent family court for joint custody.
How can the mother with sole custody prove her power of representation?
Through a so-called negative certificate. Such a negative certificate certifies that no declaration of custody for the child was made at the time the certificate was issued.
The negative certificate is issued by the youth welfare office.
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What is meant by custody?
Custody includes
- personal care (such as care, upbringing, support, education, medical care, leisure activities, residence, choice of religion), property care (such as opening bank accounts, asset management) and
- legal representation of the child
Personal care is intended to ensure that children can grow up well cared for and protected.
Custody of property requires custodians to handle the child's assets responsibly.
Must all decisions be made jointly?Which decisions one parent may make alone and which must be made jointly depends on whether they concern matters of daily life or those of particular importance.
One parent alone may decide on matters of daily life. This includes, for example, decisions about the school day, nutrition, clothing, handling small amounts of money or routine examinations at the doctor.
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What requirements apply to the declaration of custody
?It does not matter whether the parents live in the same household or what nationality they are. The decisive factor is that both parents want joint custody. If one or both parents are minors, the legal representatives must also give their consent.
The family court decides on any subsequent changes to the declaration of custody.
What I need
What documents do I need to submit?
Parents must submit the following documents for the declaration of custody:
- Valid identity cards or passports of both parents
- The child's birth certificate or an extract from the birth register in which both parents are entered
- During the pregnancy: extract from the maternity passport and an acknowledgement of paternity
This must be observed
What dates and deadlines need to be observed?
Non-married parents can declare joint custody before the birth of their child. In this case, the father is already entered on the birth certificate at the registry office.
The declaration of custody can also be made at any time later, but only up to the child's 18th birthday.
These costs arise
The custody declaration at the youth welfare office is free of charge.
For the declaration of custody with a notary, costs are incurred.
