How does the right of determination of residence work for parents living separately?
August 24, 2022 | 40,00 EUR | answered by Oliver Breitwieser
Dear legal team,
I am Marie Richter and I have a question regarding the right of determination of residence for parents living separately. My partner and I separated some time ago and we have a daughter, Lena, who is seven years old. So far, we have not been able to agree on where Lena should have her permanent residence.
Currently, Lena alternates living one week with me and one week with my ex-partner. I am worried about Lena's well-being and stability, as she sometimes struggles to constantly move between two households. I wonder if it wouldn't be better for Lena to have a permanent residence with one of us and for the other parent to have visitation rights only.
My question to you is: How does the right of determination of residence work for parents living separately and what options are there to find a solution that is in the best interest of the child? Are there specific criteria that must be considered when deciding on the child's permanent residence? How can I proceed to reach a mutual agreement with my ex-partner or what legal steps can I take to establish the right of determination of residence through the courts?
Thank you in advance for your support and advice.
Best regards,
Marie Richter
Dear Mrs. Richter,
Thank you for your inquiry regarding the right of determining residence for parents living separately. It is understandable that you are concerned about the well-being and stability of your daughter Lena, as she has to move back and forth between two households. It is generally important for the welfare of the child to have a clear arrangement regarding the permanent residence in order to provide the child with security and stability.
The right of determining residence determines which parent the child resides with permanently. The well-being of the child is primarily taken into consideration. It is important for the child to have a stable caregiver and a stable home. Typically, the parent with whom the child has their main residence and where they are best cared for and provided for will be granted the right of determining residence.
Various criteria are taken into account when deciding on the permanent residence of the child, such as the child's attachment to the parents, living conditions, the child's school and social situation, and the parents' ability to care for the child's well-being. It is important to find a solution that is in the best interest of the child and meets the child's needs.
To reach a mutual agreement with your ex-partner, it is advisable to have a discussion and work together to find a solution that is in Lena's best interest. Professional mediators or family counselors can also provide support. If an agreement cannot be reached, there is the option to have the right of determining residence determined by the court. In this case, you should seek the assistance of a family law attorney who can support you in this process.
I hope this information is helpful to you and wish you success in resolving your situation.
Sincerely,
Oliver Breitwieser
