Rights and obligations
Grandparents are important caregivers for grandchildren
Many grandparents experience grandchildren as an enrichment and want to play an important role in their children's lives. Grandma and grandpa can be close caregivers, may have time for joint activities and relieve the burden on parents by providing valuable support with childcare if their physical proximity allows. But what rights and obligations do grandma and grandpa actually have? We give you an overview.
Grandchildren's time: what grandparents should know
Most children love spending time together with grandma and grandpa with undivided attention. Building and maintaining the special bond between grandparents and their grandchildren is not only valuable for both parties, but also legally protected in some cases. Whether it's visits, picking them up from daycare or school, joint vacations or even legally binding decisions - there are many aspects that are of interest to grandparents regarding their rights and obligations.
Rights of grandparents
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Right of access
Grandparents have the right to see their grandchildren. The right of access enables grandparents to play an active role in the lives of their grandchildren. It ensures that grandparents have regular contact with their grandchildren and can even be enforced in court, for example if the parents separate and contact with the grandchildren is cut off as a result, if it is in the best interests of the child. The prerequisite for contact is that there is a close social-familial bond that goes beyond general family contact between grandparents and grandchildren. The right to contact with the grandchildren can be refused, for example, if the children could fall into a conflict of loyalty.
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Entitlement to parental allowance and parental leave
Under certain conditions, grandparents can take parental leave instead of their parents and receive parental allowance. This is the case, for example, if the parents are seriously ill, disabled or deceased and are therefore unable to care for their child. Grandparents may also be entitled to parental leave if one parent is a minor or is still at school or in training and the grandchild lives in the grandparents' household.
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Right to family care for underage grandchildren
If a grandchild requires care, a grandparent can apply for up to six months of care leave. It is also possible to take up to 24 months of family care leave and work 15 hours a week or more at the same time.
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Priority in the selection of the guardian or supplementary caregiver
In the event that parents are unable to care for their child and the family court orders guardianship or supplementary care, grandparents are generally given priority over unrelated persons if there is actually a close family relationship with the child. Grandparents are free to decide whether or not they wish to take on guardianship.
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Right to refuse to provide information to the police
If grandparents are asked to provide information about a grandchild to the police, they have the right to refuse to provide information. In principle, they are only obliged to provide personal information about themselves. Grandparents, on the other hand, are not obliged to provide information about their grandchild if this would put the child at risk of being prosecuted for a misdemeanor or criminal offense. In this case, they do not need to say anything about the child's name, place of residence, current whereabouts, behavior or relationships with other people. It is up to them to decide whether and to what extent they wish to provide information.
In administrative and court proceedings, grandparents can also invoke their right to refuse to testify. This allows them to remain silent. However, false testimony and perjury are punishable by law.
Duties of grandparents
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Responsibility for support
Most grandparents enjoy spending time with their grandchildren. However, if they help with childcare and spend time alone with their grandchildren, they also have a great responsibility. They then assume the duty of supervision and must ensure that the grandchildren are properly supervised and cared for in a child-friendly manner. Incidentally, there is no legal obligation for grandparents to look after their grandchildren.
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Financial support obligation
Relatives in the direct line are legally obliged to support each other. The direct line includes grandparents, parents, children and grandchildren. Under certain circumstances, grandparents may therefore be required to support their grandchildren financially, especially if the parents are unable to provide maintenance. However, grandparents are entitled to a deductible.
Also important to know!
Pick-up authorization for daycare
If grandma or grandpa would like to pick up their grandchild from daycare, an informal pick-up authorization signed by the legal guardian is required. The grandparents should be able to identify themselves if they are not known.
Do not go on vacation without a power of attorney
If grandparents are traveling abroad with their grandchildren, a declaration of consent or power of attorney is required. If this is not available, problems can arise at borders and airports. A power of attorney for medical emergencies is also useful so that the children can be treated quickly in an emergency. The ADAC provides detailed information on this topic.
Mutual tolerance from parents and grandparents
In order to avoid conflicts between the generations regarding contact and, in the worst case, a loss of contact, parents and grandparents should coordinate well when it comes to rules or parenting issues. Parents are responsible for custody. They have parental authority over the grandparents. Tolerance towards the parents' parenting style and mutual understanding of the respective roles in the children's lives contribute to a harmonious relationship. In this way, the offspring can collect many valuable memories of wonderful times with their grandparents.
Where can we find help and advice?
For personal advice, grandparents can also contact a nearby parenting and family advice center free of charge and confidentially.
The relevant youth welfare office advises grandparents on how they can make use of their rights and build a stable relationship with their grandchildren.
The Bundesinitiative Großeltern advocates for the rights of grandparents and grandchildren, especially if both grandparents want to maintain regular contact with their grandchildren in contentious separation cases. If you, as a grandparent, no longer have contact with your grandchild, you can find additional help and information there
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