Declare joint custody of a child
Description
If you as parents of a joint child are not married to each other at the time of birth, only the mother is entitled to custody. This does not apply if you as parents have made a joint declaration of custody or if a different court decision has been made regarding custody. A written statement can be issued regarding the mother's sole custody, the so-called negative certificate.
If you wish to have joint custody, both parents must declare this to the Youth Welfare Office or a notary and have it notarized. Paternity must be acknowledged beforehand.
You can also make a declaration of custody if your child has not yet been born but has already been conceived. However, this is still possible and necessary after the birth if you do not want to marry each other and do not want to seek a court settlement.
A declaration of custody must be publicly notarized. You can arrange for this at the youth welfare office responsible for you or, for a fee, with a notary public.
After declarations of custody have been made in agreement, parental custody can only be changed by a decision of the family court.
In the custody register, which is always kept at the Youth Welfare Office at the place of birth of a child, entries are made if
- the parents have made declarations that they wish to exercise joint parental authority over their child,
- parental authority has been conferred on the parents in whole or in part jointly on the basis of a final court decision, or
- the mother has been deprived of parental authority in whole or in part on the basis of a final court decision and transferred to the father alone.
Proof of parental custody is required in legal transactions if parents want to make decisions for their children that go beyond the so-called everyday care and concern, for example, the child's residence, ensuring its care and upbringing, health care for the child, care for its assets or legal representation.
For this purpose, the law provides for information from the custody register. The Youth Welfare Office in whose area the child's mother has her habitual residence is responsible for providing written information from the custody register. Please take this into account when submitting your application.
- The parents are not married to each other.
- There is legal paternity (through effective recognition or judicial determination).
- The child need not be born yet, but it must be conceived.
- The child must still be a minor.
- A court decision on parental custody has not yet been made.
- The parents must appear in person.
- In principle, the parents must be legally capable, which means in particular of full age. The declaration of custody of a parent with limited legal capacity requires the consent of his or her legal representative.
- Both parents speak sufficient German. Should this not be the case:
- Jugendamt (Youth Welfare Office): Should you require an interpreter, please state the language required when making the appointment.
- Notary: Should you require an interpreter, you must bring an interpreter with you to the appointment. This person needs a valid identity document and must not be related to the child's parents by blood or marriage.
- Identity card or passport of the parents
- In case of postnatal declaration: birth certificate of the child in which the father is registered
- In case of prenatal declaration: maternity passport and certificate of acknowledgement of paternity or court order establishing paternity
Contribution: free of chargeThe certification by the Jugendamt is free of charge. In addition, there are possible costs for interpreters.
Contribution: 60,00 - 80,00 EURPayment in advance: NoThe notarization of the declaration of custody at the notary usually costs 60.00 EUR plus VAT and writing expenses, a total of approximately 80.00 EUR. Any costs for interpreters must be added to this.
The child must still be a minor at the time the custody declarations are made.
The notarization of joint custody takes place immediately in the appointment.
Forms available: No
Written form required: Yes
Informal application possible: No
Personal appearance required: Yes
Online services available: No
For the declaration of custody, you must make an appointment in person at the Youth Welfare Office or at a notary's office:
- If not already done, the father must first effectively acknowledge paternity.
- Both parents must appear in person.
- At the appointment, you will be informed about the legal consequences of the custody declarations. This will be read to you and must be signed by both parents.
- Both parents will be given certified copies of the document.
There are no clues or specifics.
Federal Ministry of Justice (BMJ)
16.05.2023
The text was automatically translated based on the German content.
The text was automatically translated based on the German content.
06122 Halle (Saale), Stadt
Employee
06122 Halle (Saale), Stadt
- kreisfreie Stadt Halle (Saale), Stadt:
- Claiming maintenance
- Declare joint custody of a child
- Declaring Paternity Recognition
- Enforce maintenance claims from abroad in court
- Maintenance claims Applying for notarisation
- Receive advice and assistance in determining paternity from the Youth Welfare Office
- Request information from the custody register
06122 Halle (Saale), Stadt
06122 Halle (Saale), Stadt
06122 Halle (Saale), Stadt
06122 Halle (Saale), Stadt
06122 Halle (Saale), Stadt
06122 Halle (Saale), Stadt
06122 Halle (Saale), Stadt
06122 Halle (Saale), Stadt
