Source: BUS Sachsen-Anhalt (Linie6PLus)

Explaining joint custody of a child

Description

If you, as the parents of a common child, are not married to each other at the time of his birth, only the mother has custody. Written information can be provided about the mother's sole custody, the so-called negative certificate.

If you would like to have joint custody, both parents must declare this to the Youth Welfare Office or a notary and have it notarized.

You can also make the 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 judicial settlement.
A declaration of custody must be publicly notarized. You can arrange this at the youth welfare office responsible for you or, for a fee, at a notary.

After concurring declarations of custody have been submitted, parental custody can only be changed by a decision of the family court.

Requirements

The parents are not married to each other.
There is legal paternity (through effective recognition or judicial determination)
The child does not have to be born yet, but it must be conceived.
A court decision on parental custody has not yet been made.
Parents must appear in person.
In principle, the parents must have legal capacity. The declaration of custody of a parent with limited legal capacity requires the consent of his legal representative.
Both parents speak sufficiently German. If this is not the case:
- Youth Welfare Office: If you need an interpreter, please let us know the language you would like when you make your appointment.
- Notary: If you need an interpreter, you must bring an interpreter to the appointment. This person needs a valid identity document and must not be related to the child's parents or by marriage.

Which documents are required?

Identity card or passport of parents
In the case of a postnatal declaration: birth certificate of the child in which the father is registered
In the case of a prenatal declaration: maternity record and certificate of acknowledgment of paternity or court order establishing paternity

If this has not already happened, 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 then be read to you and signed by both parents.
Both parents receive certified copies of the certificate.