Can I apply for sole custody?
August 27, 2022 | 40,00 EUR | answered by Fred Busse
Dear attorney,
My name is Yvonne Kraft and I have a question regarding the custody of my son. My ex-partner and I have been separated for a few months and we have a five-year-old son together. Since the separation, there have been ongoing disputes regarding the upbringing and decisions concerning our son. My ex-partner is often uncooperative and I am concerned that he does not always act in the best interest of our son.
I am very worried about my son's well-being and I am wondering if it is possible to apply for sole custody. I want to ensure that I can make decisions regarding his welfare alone and that he can grow up in a stable and loving environment. My ex-partner shows little interest in parenting and I feel that joint custody could lead to further conflicts.
Could you please inform me if it is legally possible to apply for sole custody of my son? What steps would I need to take and what requirements need to be met? Are there any alternatives that would be more appropriate in my situation? I only want the best for my child and would appreciate clarity on my legal options.
Thank you in advance for your support.
Sincerely,
Yvonne Kraft
Dear Mrs. Kraft,
I understand your concerns and can empathize with your worries about the well-being of your son. Custody is an important area of family law that focuses on the child's welfare. In your case, where there seem to be conflicts and disagreements with your ex-partner, it is understandable that you are considering sole custody.
In Germany, the principle of joint custody generally applies, which means that both parents share parental responsibility for their child. This includes decisions regarding upbringing, health, education, and other important matters concerning the child. However, in cases where conflicts and disagreements arise, sole custody for one parent may be considered.
To apply for sole custody, you would need to submit a petition to the family court. In this petition, you would need to explain your reasons for wanting sole custody and demonstrate that it is in the best interest of the child. The court will then assess whether the requirements for sole custody are met. These include, among others, that the child's welfare is better served by sole custody than joint custody and that the other parent is unable to adequately fulfill parental responsibilities.
It is important to emphasize that sole custody is only granted in exceptional circumstances and that the court always considers the child's welfare as the top priority. Alternatively to sole custody, an amicable agreement with the other parent could be pursued, for example through a custody agreement or mediation.
I recommend seeking advice from an experienced family law attorney in this situation, who can support you in your endeavor. Together, you can find the best possible solution for your child and family.
I hope this information is helpful to you and wish you all the best in your situation.
Sincerely,
Fred Busse, Family Law Attorney
