custody
August 15, 2009 | 20,00 EUR | answered by Andreas Scholz
Hello, please only reply if it does not cost me more than 20 euros, as I have to save up this money, but I need an answer. I have been divorced for 3 years and have joint custody. My ex-husband is bankrupt, receives Hartz 4, and lives with a new woman in a marriage-like relationship. He has never paid child support, and if he wants to see his son every 2 months, I have to almost bring him there, 80 km away. My new husband and I pay for everything for the child. Now he wants to take him away from me. Does he have a chance? Can I apply for the right to determine the child's place of residence? Where do I do that? Do I have a chance for sole custody? Can I move abroad with the child? This is very important because I do not want to lose him. By the way, my son wants to stay with me. When he is with his father, he does not bring him back to me but says if you want him, you have to pick him up. Can I know the price for an answer? Thank you very much. Carmen Kohrs
Dear questioner,
According to § 1671 BGB, your ex-husband can apply to the family court for the transfer of sole custody.
If he does so, sole custody will only be transferred to him if you do not object to the transfer, or if the court deems the transfer necessary for the child's welfare. Since you do not intend to agree to the transfer, custody could only be transferred for the welfare of the child. However, if your child - as I assume - is living with you in normal conditions, the transfer will not take place.
At the moment, you have sole authority over determining the child's place of residence. Your husband cannot permanently take the child abroad at the moment, as this would be illegal.
The fact that your husband refuses to return your child to you is indeed unacceptable. You should inform your ex-husband that such behavior would be taken into account unfavorably in a court-regulated visitation arrangement.
In conclusion, I believe that even if your husband were to apply for a transfer, the court would not carry it out.
I hope this information has been helpful. If you have any further questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
