How can I obtain custody of my child?
September 26, 2022 | 50,00 EUR | answered by Marcus Hering
Dear lawyer,
I am Hanna Voigt and I have an important question regarding custody of my child. The situation is as follows: My ex-partner and I separated a year ago and since then, our child has been living with him. I have had regular contact with my child, but my ex-partner has sole custody and makes all important decisions without consulting me.
I am concerned about the future of my child and would like to obtain joint custody. I would like to be able to make decisions regarding important matters such as health, education, and schooling of my child. I want to ensure that my child can experience both parents equally and that we both share responsibility for his well-being.
Could you please explain to me what steps I need to take to obtain custody of my child? Are there ways to challenge my ex-partner's sole custody? What legal requirements must I meet in order to obtain joint custody?
I look forward to your support and thank you in advance for your help.
Sincerely,
Hanna Voigt
Dear Mrs. Voigt,
Thank you for your inquiry regarding custody for your child. It is understandable that you are concerned about your child's future and seek joint custody in order to actively participate in important decisions for your child. In Germany, it is generally assumed that parents have joint custody of their children. It is important that both parents are involved in the upbringing and development of the child.
In your case where your ex-partner has sole custody, there are various ways to obtain joint custody. Firstly, you should try to reach an amicable agreement with your ex-partner. Such an agreement can be made in the form of a custody declaration at the Youth Welfare Office or Family Court. If your ex-partner is willing to share joint custody, you can submit a joint declaration.
However, if your ex-partner is not willing to share custody, you can file an application with the Family Court. In this case, you will need to explain why you should be granted joint custody for your child. The court will then assess whether joint custody is in the best interest of the child. It is important that you can demonstrate that you are capable of caring for your child and making important decisions as a parent.
It is also possible to challenge your ex-partner's sole custody if it is in the best interest of the child. You will need to present reasons why sole custody is not appropriate, such as lack of cooperation or irresponsibility on the part of your ex-partner.
It is advisable to seek the assistance of an experienced family law attorney in this process, who can represent you in enforcing your rights and interests. An attorney can inform you about your legal options and assist you in filing the application and communicating with the court.
I hope this information is helpful to you and wish you success in obtaining joint custody for your child.
Sincerely,
Marcus Hering
Family Law Attorney
