Who decides where a child lives, which school they attend, whether they are baptised or vaccinated? This is determined by custody rights. Mothers and fathers often have joint custody. But how do they obtain it, and what happens in the case of underage parents or a risk to the child’s welfare? Here is an overview of the most important answers.
Basics of Custody
Parental custody is the right and also the duty of parents to care for their minor child. This includes practical matters such as nutrition, personal hygiene and supervision, as well as decisions such as consent to medical treatment and determination of place of residence. The choice of type of school, religion and the application for financial support for the child are also part of custody. Custody lies with either one or both parents. Biological parents can generally insist on joint custody. In disputed cases, the family court decides.
Separations, new relationships and patchwork families do not initially change custody arrangements. New partners who live together with the child are usually granted day-to-day parental responsibility. They may therefore collect the child from the day nursery, put them to bed, etc., but may not decide on the type of school or religious affiliation.
Acknowledgement of Paternity and Joint Custody Declaration
If a pregnant person is married to a man, both automatically receive joint custody of the newborn child. Unmarried pregnant people receive sole custody. Even before the birth, the father – with the mother’s consent – can acknowledge paternity, and both can make a joint custody declaration. They then receive joint custody at birth. Both declarations can be made free of charge at the Youth Welfare Office. For expectant parents in other family constellations, we recommend custody counselling before the birth.
Custody for Underage Parents
Underage parents normally take on actual personal custody of their child themselves – they care for, feed and supervise them, and decide on first names, religion and the type of medical care. A legal guardian is also appointed to submit applications or clarify maintenance claims. This function is performed by the Youth Welfare Office or, on request, by another person. On the mother’s 18th birthday, custody passes to her. If a custody declaration was made, this also applies to the father. Any guardianships usually expire automatically.
Are you pregnant and under 18? Clarify all questions about custody in good time. You can find answers and support at the pregnancy counselling centre – confidentially, free of charge and anonymously on request. Find a counselling centre
“I became pregnant at 16 and immediately knew I would keep the child. That custody would be complicated was the last thing I thought of. Fortunately, the counselling centre supported me with this.”
Withdrawal of Custody
If the child’s welfare is at risk – for example due to violence, child abuse, sexual abuse or neglect – the Youth Welfare Office can apply for the withdrawal of custody. This is decided by the family court. However, withdrawal of custody may only be considered as a last resort. The Youth Welfare Office’s task is to support families and thus prevent the separation of a child from their parents wherever possible. Various support services are available for this purpose, such as counselling, help in arranging childcare, family helpers and more. Parents can use these services without having to fear the withdrawal of custody as a result.
Are you pregnant and have questions or fear about the loss of custody? We operate independently of the Youth Welfare Office and are bound by confidentiality. Find a counselling centre
Contact Rights
Independently of custody, parents and children have a right to contact. This means, for example: if only one parent has custody, the other parent is still permitted and encouraged to spend regular time with their shared children. How and to what extent this happens should be agreed jointly by the parents; in disputed cases, the family court decides.
People who are close to the child and with whom the child has formed a strong bond also have a right to contact. These may include, for example, a parent’s partner with whom they lived for a long time, or a parent in a rainbow family without legal protection. Grandparents and their grandchildren also have a right to contact.
Still have questions?
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