How does custody work in the event of a separation?
December 9, 2023 | 40,00 EUR | answered by Gerd Möller
Dear Family Law Attorney,
my name is Wolfgang Maier and I am on the verge of separating from my partner. We have children together and I am very concerned about the custody rights. Currently, we still live together, but the relationship is no longer sustainable and we have decided to separate.
I am wondering how custody works in case of a separation. Who gets custody of the children and how are decisions made? I want to ensure that even after the separation, I continue to have a good relationship with my children and be involved in important decisions.
I have heard that there are different models for determining custody after a separation. What options do I have as a father and what are the advantages and disadvantages of these models? I would like to be informed in order to find the best possible solution for my children and myself.
I would greatly appreciate your expert advice and support on this matter. Thank you in advance.
Sincerely,
Wolfgang Maier
Dear Mr. Maier,
Thank you for your inquiry and your trust in my expert advice on the topic of custody in case of separation. It is understandable that you are concerned about the custody of your children and want to ensure that you can maintain a good relationship with them even after the separation.
In case of a separation or divorce, it is important to arrange custody for the shared children. In Germany, the so-called joint custody is generally applicable, which means that both parents share the responsibility for their children. Joint custody includes both personal care (residence determination, upbringing, health) and financial care (management of the children's assets).
In the event of a separation or divorce, joint custody generally remains in place, unless there is a specific reason against it, such as violence or neglect towards the children. Usually, joint custody is maintained even after a separation, as it is in the best interest of the children to maintain a relationship with both parents.
There are different models for arranging custody after a separation. One option is the so-called shared parenting model, where the children live alternately with both parents. This form of custody requires good communication between both parents and living in close proximity to each other. The advantages of the shared parenting model are that the children have an equal relationship with both parents and both parents are involved in important decisions. However, disadvantages may arise if the parents cannot communicate well or if the children suffer from the constant changes.
Another option is sole custody, where only one parent has full responsibility for the children. This model is only ordered in exceptional cases, for example, when one parent is unable to take responsibility for the children. With sole custody, the custodial parent has the exclusive right to make important decisions regarding the children.
There is also the so-called equal custody, where the parents live separately but jointly exercise custody. It is determined that both parents are involved in all important decisions regarding the children. Equal custody is a good solution when both parents can communicate well with each other and are able to care for the children together.
To find the best solution for your children and yourself, it is advisable to discuss custody issues with your partner early on. If no agreement can be reached, it is useful to seek professional help, for example through mediation or with the assistance of a family law attorney.
I hope that this information has been helpful to you. If you have any further questions, please do not hesitate to contact me. I wish you all the best for the future and hope that you can find a good solution for the custody of your children.
Best regards,
Gerd Möller, Family Law Attorney
