What options are there to regulate custody of the children?
March 28, 2024 | 30,00 EUR | answered by Johann König
Dear divorce lawyer,
My name is Alice Fischer and I am in a difficult situation. My husband and I have decided to get a divorce, and now the question arises of how to arrange custody for our children. We have two children aged 6 and 8, and it is very important to both of us that they can grow up in a stable and loving environment.
Currently, the children are living with me as I have mainly taken on the care and upbringing. However, my husband also wants to have a say in important decisions regarding the children. We would like to avoid the children suffering from the divorce and find a fair and balanced arrangement.
My concern is that we may not be able to agree and that there may be disputes that could ultimately harm the children. Therefore, I am wondering what options there are to settle custody for the children. For example, is it possible to have joint custody even though we are getting divorced? Or would it be better for one of us to have sole custody?
I would be very grateful if you could help me in this difficult situation and provide me with possible solutions. Thank you in advance for your help.
Sincerely,
Alice Fischer
Dear Mrs. Fischer,
I understand that the question of custody for your children is of great importance to you in this difficult time. It is commendable that you and your husband prioritize the well-being of the children and seek a fair solution. I would like to provide you with some information and possible solutions regarding custody after the divorce.
In Germany, there is the principle of joint parental custody, which means that both parents share the responsibility for their children. This means that important decisions regarding the child should be made together. Even after a divorce, it is possible to maintain joint custody.
However, there may be cases where sole custody for one parent is considered. This may be the case, for example, if one parent harms the child's well-being or if joint decision-making is not possible. In such cases, a court will decide which parent will receive sole custody.
To avoid disputes and find an amicable solution, I recommend that you speak with your husband about your ideas and wishes regarding custody. Perhaps you can reach a mutual agreement that takes into account the interests of both parents and the well-being of the children. If an agreement is not possible, you can also seek professional help, such as through mediation or legal advice.
It is important to note that custody is determined independently of the children's place of residence. Even if the children temporarily live with one parent, this does not automatically mean that this parent has sole custody.
Finally, I advise you to seek legal advice early on to clarify your rights and obligations regarding custody. I am available for further questions and consultation.
Sincerely,
Johann König, Divorce Attorney
