Can I get custody of my children if I get divorced?
November 11, 2022 | 30,00 EUR | answered by Erwin Evers
Dear lawyer,
my name is Sofia Schäfer and I am currently in a difficult life situation. My husband and I have decided to get a divorce, as we simply do not understand each other anymore and the relationship no longer works. We have two children aged 7 and 10, for whom their well-being is the most important thing to me. I am very worried about whether I can obtain custody of my children if we get divorced.
Currently, we both take care of the children and share parenting responsibilities. However, my husband believes that he should have sole custody, as he thinks I am too busy with work to adequately care for the children. Although I work full-time, I have always done everything in my power to ensure that my children lack nothing and are always well cared for.
As the well-being of my children is the most important thing to me, I would like to know if there is a way to obtain custody of my children if we get divorced. Are there specific criteria I must meet to obtain custody? What steps do I need to take to represent my case in court and maximize my chances?
I am grateful for any information and support you can provide me during this difficult time.
Best regards,
Sofia Schäfer.
Dear Mrs. Schäfer,
First and foremost, I would like to thank you for your trust and assure you that I am more than willing to assist you with your concerns. The issue of custody is an important and sensitive matter, especially when it comes to the well-being of children. It is understandable that you are worried and want to ensure that your children are well taken care of, even after the divorce.
In Germany, the principle of joint parental custody applies, which means that both parents share custody of their children. This includes important decisions regarding upbringing, health, education, and religious matters of the children. In your case, since you and your husband both share parenting responsibilities, it would probably be beneficial to continue exercising joint custody.
However, there are situations where one parent can apply for sole custody if it is in the best interest of the child. This may be the case, for example, if one parent is unable to adequately meet the child's needs or if there are conflicts and disagreements between the parents that negatively affect the child.
To obtain sole custody, you will need to prove in court that it is in the best interest of the children for you to have sole custody. This can be done through various criteria, such as your ability to meet the children's needs, your parenting skills, the stability of your living environment, and your relationship with the children. It is important that you gather all relevant information and evidence to support your arguments in court.
To represent your interests in court and maximize your chances, I strongly recommend that you seek the advice of an experienced family law attorney in a timely manner. An attorney can provide you with professional advice, advocate for your rights, and help you take the necessary steps to obtain sole custody of your children.
During this difficult time, it is important that you educate yourself and seek support. Please do not hesitate to contact me if you have any further questions or need additional assistance. I am here to help you in this matter.
Kind regards,
Erwin Evers.
