Is there a way to change joint custody afterwards?
October 5, 2023 | 40,00 EUR | answered by Marcus Hering
Dear lawyer,
My name is Alice Köhler and I have a question regarding custody. My ex-partner and I have joint custody of our child, which we applied for together a few years ago. Unfortunately, our relationship has deteriorated significantly in the past months, leading to more frequent conflicts and disagreements that also affect our child.
I am concerned about the well-being of my child and I am wondering if there is a way to change the joint custody retrospectively. I currently do not feel able to communicate with my ex-partner in a reasonable manner and make joint decisions that are in the best interest of our child.
I want to ensure that my child can grow up in a stable and harmonious environment, and I am wondering if there is a legal way to change the custody to improve the situation. What steps would I need to take and what legal requirements must be met in order to apply for a change in custody?
I would be grateful if you could provide me with information on this matter and suggest possible solutions to improve the situation and ensure the well-being of my child. Thank you in advance for your assistance.
Sincerely,
Alice Köhler
Dear Mrs. Köhler,
Thank you for your inquiry regarding custody. It is understandable that you are concerned about the well-being of your child and seeking a solution for the difficult situation with your ex-partner. A change in shared custody is possible if certain conditions are met.
First and foremost, it is important to know that shared custody assumes that both parents make important decisions regarding the child together. This includes matters related to health, upbringing, religious affiliation, and the child's place of residence.
However, if conflicts arise between the parents and reasonable communication is no longer possible, it may be advisable to change custody. In such cases, one parent can apply to the family court to obtain sole custody.
For such a change to occur, there must be valid reasons that endanger the child's well-being. This includes neglect, abuse, drug or alcohol abuse by a parent, or an ongoing conflict situation that burdens the child.
It is important that you can present all relevant information and evidence to strengthen your position in court. Therefore, it is recommended to seek advice from an experienced family law attorney who can support you in the process.
In summary, it is possible to change shared custody if valid reasons endanger the child's well-being. It is advisable to seek advice in a timely manner and take all necessary steps to apply for a change in custody.
I hope this information is helpful to you and wish you success in resolving the situation. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Marcus Hering
Family Law Attorney
