Can I apply for joint custody alone?
June 3, 2024 | 40,00 EUR | answered by Gerd Möller
Dear Family Law Attorney,
My name is Marie Büchner and I am facing a difficult decision regarding the joint custody of my child. My ex-partner and I separated a year ago, and since then we have been living separately. Our child mainly lives with me, as I am the primary caregiver and handle all matters concerning our child. My ex-partner shows only sporadic interest in our child and does not regularly take care of their needs.
I am very concerned about the well-being of my child and wonder if it is possible to apply for joint custody alone. I am worried that my ex-partner may not be able to take the necessary responsibility and care for our child. I want to ensure that my child grows up in a stable and loving environment.
Can you please tell me if it is legally possible to apply for joint custody alone? Are there specific requirements that I need to meet in order to obtain sole custody? What is the process like and what steps do I need to take for this? Are there any possible alternatives or solutions that I should consider?
I thank you in advance for your support and advice on this matter.
Sincerely,
Marie Büchner
Dear Ms. Büchner,
Thank you for your inquiry regarding joint custody of your child. It is understandable that you are concerned about your child's well-being and want to ensure that they grow up in a stable and loving environment. I would be happy to explain the legal options and requirements for sole custody to you.
In Germany, joint custody for children of married parents is automatically assumed. For unmarried parents, custody is typically held by the mother unless both parents jointly apply for custody. However, if one parent wishes to apply for sole custody, they must demonstrate that it is in the best interest of the child.
To obtain sole custody, it must be shown that the other parent is not capable of responsibly caring for the child. This may include lack of interest, neglect of the child, or violence towards the child. It is important that you have concrete evidence to support these allegations in order to strengthen your case.
The process of applying for sole custody usually involves submitting an application to the family court. It is advisable to seek assistance from a family law attorney to ensure that all legal steps are carried out correctly and to maximize your chances of success. The court will then make a decision that is in the best interest of the child.
There are also alternative solutions that you may consider, such as a joint custody arrangement with clear agreements and arrangements. It is important for both parents to keep the child's well-being in focus and work together to find solutions that are acceptable to all parties involved.
I hope that this information is helpful to you and supports you in your decision-making process. Please do not hesitate to contact me for further questions or for personal advice.
Sincerely,
Gerd Möller
Family Law Attorney
