Applying for custody for unmarried fathers
Service description
If the parents are not married to each other at the time of the child's birth, since a new legal regulation came into force on May 19, 2013, they are entitled to joint parental custody if they declare that they wish to assume joint custody (so-called custody declarations), if they marry each other or if the family court assigns joint parental custody to them. Otherwise, the mother has parental custody.
Essentially, the following cases are conceivable, which lead to joint custody rights for parents who are not married to each other:
- After the birth of the child, the mother and the father, who has previously acknowledged his paternity, marry.
- The mother and father declare their agreement to joint custody at the youth welfare office. The mother and father then have joint custody.
- If one parent does not give their consent, the other parent can try to reach an agreement with the youth welfare office. If this is unsuccessful, or if he or she does not consider this route to be promising, he or she can apply directly to the family court for custody. The court will decide whether the mother should retain sole custody or whether custody should also be transferred to the father.
In the latter case, it is therefore necessary to conduct family court proceedings.
Procedure
The family court proceedings have some special features and take place in a graduated procedure. In certain cases, a written and very simplified procedure can be considered. With regard to the details, it is recommended that you seek advice from the youth welfare office and, if necessary, from a lawyer.
Prerequisites
- paternity must be legally recognized
- the parents are not married to each other
- the mother previously had sole custody
- the parents are of legal age or their legal representatives give their consent
Note: Mothers and fathers who are not married to the other parent are entitled under Book Eight of the German Social Code (SGB VIII) to advice on making a declaration of custody and the possibility of the court transferring joint parental custody.
What fees apply?
Court fees are incurred for the court proceedings and, if a lawyer is involved, lawyer's fees are also incurred, which are based on the value of the proceedings.
What deadlines do I have to observe?
There are no special deadlines.
Processing time
Depends on the individual case.
Legal basis