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Source: BUS Sachsen-Anhalt (Linie6PLus)

Explaining joint custody of a child

Description

If you, as parents of a common child, are not married to each other at the time of birth, only the mother has custody. Written information can be given about the sole custody of the mother, 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 certified.

You can also submit 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 court 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 the submission of concurring declarations of custody, parental authority can only be changed by a decision of the family court.

For the declaration of custody, you must arrange a personal appointment at the Youth Welfare Office or in a notary's office:

  • If not already done, the father must first effectively acknowledge paternity.
  • Both parents must appear in person
  • In 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.
  • The parents are not married to each other.
     
  • There is legal paternity (by effective recognition or judicial determination)
  • The child does not have to be born yet, but it must be conceived.
  • A court decision on parental authority has not yet been made.
  • Parents must appear in person.
  • In principle, the parents must be legally competent. The declaration of custody of a parent with limited legal capacity requires the consent of his or her legal representative.
  • Both parents speak sufficiently German. If this is not the case:
    • Jugendamt: If you need an interpreter, please let us know the desired language when making an 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 or related to the child's parents.
  • Parents' identity card or passport
     
  • In the case of postnatal declaration: birth certificate of the child in which the father is registered
  • In case of prenatal declaration: maternity record and certificate of acknowledgement of paternity or court order establishing paternity

Contribution: 0,00 - 80,00 EUR
Payment in advance: No
Jugendamt: There are no costs. Notary: approx. EUR 80.00; In addition, there are any costs for interpreters or translators.

The child must still be a minor at the time the custody declarations are submitted.

The notarization takes place directly in the appointment.

Forms available: No
Written form required: Yes
Informal application possible: No
Personal appearance required: Yes
Online services available: No

There are no clues or peculiarities.

The text was automatically translated based on the German content.

Federal Ministry of Justice (BMJ)

No authority found