Can I choose the children's place of residence freely after the divorce?
June 21, 2024 | 35,00 EUR | answered by Johann König
Dear lawyer,
my name is Dora Köhler and I am currently in a difficult situation as my husband and I want to get divorced. We have two children aged 7 and 10 years old, and their well-being is the most important thing to me. My husband and I currently live in a small town where we both work. However, I have the opportunity to move to a larger city where I see better professional opportunities.
My husband is against this and wants the children to stay with him and continue going to school in the small town. I am very worried as I fear that a move could be stressful for the children, but on the other hand, I also see the advantages of a change for their future.
As a single mother after the divorce, can I freely choose the children's place of residence or do I have to discuss this with my ex-partner? Are there any legal regulations that could influence my decision? How can I ensure that the well-being of the children is the main focus of my decision?
Thank you in advance for your help and support with this important question.
Sincerely,
Dora Köhler
Dear Mrs. Köhler,
Thank you for your inquiry regarding the residence of your children following the divorce. This is certainly one of the most important questions that parents face in a divorce situation. As a family law attorney, I can provide you with some information on this matter.
In general, the welfare of the children is the primary concern in a divorce. This means that all decisions regarding custody, access rights, and the residence of the children must always be made with the best interests of the children in mind. In the German legal system, there are no clear statutory provisions determining which parent the children should live with after the divorce. Instead, decisions are made individually for each child and family based on what is in their best interest.
If you, as a single mother, wish to choose the residence of your children freely after the divorce, you should first try to find an amicable solution with your ex-partner. This is often the best way to avoid conflicts and ensure the welfare of the children. However, if no agreement is possible, the family court can also make a decision. In such cases, various factors such as the children's attachment to the parents, their previous place of residence, their school and social situation, and your professional prospects will be taken into account.
It is important that you can justify your decision to change the residence of the children and demonstrate that this is in the best interest of the children. For example, if you can argue that moving to a larger city offers better educational and future opportunities for your children, this can strengthen your position. It is also advisable to have a discussion with your ex-partner and work out possible compromises that take into account both your professional needs and the needs of your children.
If you need assistance in asserting your interests, I am happy to assist you. As an experienced divorce attorney, I can provide you with competent advice and representation during this important phase.
I hope that this information is helpful to you and wish you success in resolving this matter.
Sincerely,
Johann König
