How does a divorce affect custody of the children?
April 14, 2024 | 40,00 EUR | answered by Anna Richter
Dear lawyer,
My name is Gertrud Hagedorn and I am facing the difficult decision of getting a divorce from my husband. We have children together and I am very concerned about how a divorce will affect the custody of the children.
Currently, our children live with both of us and we make important decisions together regarding their upbringing and future. But how will custody be arranged after a divorce? Should I be worried that my ex-husband will get sole custody of the children? I want to continue to actively participate in the upbringing of my children and support them as best as possible.
My main concern is that the interests and needs of our children are preserved even after the divorce. What options are there to maintain joint custody even after separation? Are there any requirements or criteria that need to be met to share custody?
I am willing to discuss my personal situation in more detail and provide all relevant information. But at the moment, my main concern is how I can ensure that my children continue to be cared for and supported by both parents after the divorce.
Thank you in advance for your support and advice on this matter.
Sincerely,
Gertrud Hagedorn
Dear Mrs. Hagedorn,
Thank you for your message and your trust in my expertise in family law. It is understandable that you are concerned about the custody of your children and want to ensure that their interests are protected even after the divorce.
First of all, it is important to know that in Germany, the so-called joint custody is the standard. This means that both parents continue to have custody of their children even after the divorce. This joint custody includes all important decisions regarding the upbringing, health, education, and religion of the children.
So, even if the marriage is dissolved, fundamentally nothing changes regarding the joint custody. In practice, this means that both parents must continue to make important decisions together even after the separation. Joint custody is intended to ensure that the children maintain a close bond with both parents and are cared for and supported by both parents.
However, there are exceptions where sole custody can be awarded to one parent. This is the case, for example, when the child's well-being is at risk or when one parent is not able to take responsibility for the child. In such cases, the family court may decide that only one parent will have custody.
To maintain joint custody after the separation, it is important that both parents continue to actively participate in the upbringing of the children and strive for the well-being of the children. It is also important that both parents are able to communicate sensibly with each other and make joint decisions.
If you want to ensure that joint custody continues after the divorce, it is advisable to contact an experienced family law attorney early on. They can inform you about your rights and obligations and represent you in court if necessary.
I hope this information is helpful to you and I am happy to answer any further questions you may have. Please do not hesitate to contact me if you need further assistance.
Best regards,
Anna Richter
Family Law Attorney
