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custody and visitation rights

August 30, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

We are not married, and I have sole custody of our son (2 years old). We have separated and are trying to find a mutual solution regarding visitation rights. I believe that he should have visitation with his son every 14 days on the weekend (Saturday 9:00 am - Sunday 7:00 pm), as well as one day during the week where he picks him up from daycare and brings him home at 7:00 pm. However, the father does not agree with this arrangement and insists on having 3 days during the week without weekends and 2 days with weekends. With this arrangement, my son would almost spend more time with his father. If I do not agree, he threatens to involve the youth welfare office. In my opinion, the current visitation rights are sufficient and in the best interest of the child. My questions are:
1. How often is he entitled to visitation rights?
2. Can he, without my consent, establish a new visitation arrangement with the help of the youth welfare office?
I would also like to point out that the father is currently unemployed, and the visitation arrangement he desires will not be possible once he finds a job.
Thank you.

Dr. Dr. Danjel-Philippe Newerla

Dear Mrs. Seeker,

Thank you for your inquiry, which I would like to answer as follows:

The frequency with which each parent may see the shared child within the framework of visitation rights is not legally regulated. An individual solution must be found for the benefit of the child.

The approach you have proposed/ practiced so far is common and particularly appropriate in terms of the child's age. The father of the child is unlikely to be able to enforce more frequent visits. In your case, involving the Youth Welfare Office should be seen not as a threat, but rather as a reasonable step or opportunity to find a solution for the benefit of the child. Based on your description, I cannot see that you have behaved grossly incorrectly.

I hope to have provided you with an initial legal orientation. If needed, please ask for more information within the framework of the follow-up option. I wish you a pleasant Sunday evening.

Kind regards,

Dipl.-Jur. Danjel-Philippe Newerla, Lawyer