Interaction
October 31, 2009 | 40,00 EUR | answered by Andreas Scholz
Mother and father both have joint custody, but were not married.
Son, 7 years old, lives with mother. Mother wants to move away.
Distance between father's and mother's apartments is currently about 40 km, but after the move it will be about 700 km.
Mother is currently working full-time, but after the move she will work part-time and live with her mother in order to have more time for her son. Father is against this.
What should be done in terms of visitation rights?
Dear inquirer,
the father is generally entitled to visitation rights, § 1684 BGB.
Since the parents here have joint custody, decisions of significant importance must be made by mutual agreement, § 1687 BGB.
If the parents cannot agree on a decision according to § 1687, the FamG transfers decision-making authority to one parent upon request, § 1628 BGB.
As the visitation would actually be impeded after the move, the mother's wish to move with the child would be accessible to an application under § 1628. The court would then decide which parent would have the final say in this matter.
I hope I could be of assistance, if you have any further questions, feel free to ask.
Best regards,
Andreas Scholz, Attorney
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