Sole custody
October 8, 2009 | 20,00 EUR | answered by Andreas Scholz
My wife wants to divorce me. She is Peruvian. Our son was born in Germany and has a German passport. Is there a possibility for me to apply for sole custody of my child? In my opinion, the child is not well taken care of with my wife, and there is also a risk that she might flee to Peru with the child. My wife does not work, does not speak the language very well, is young (22 years old), and was used to me taking care of everything for her (government appointments, doctor visits, job interviews). She has received 3 job offers, two of which she has already ended after 2-3 days. She has never worked in her life and is not capable of providing for a child. The child would be well taken care of with me, as I have a good job, and during my working hours, the child would be taken care of by my mother (with whom the child has a very good relationship).
Dear inquirer,
if the child was born during the marriage, joint custody exists.
If you both decide to separate, either of you can apply to the court for sole custody transfer, § 1671 Civil Code. You can submit the application to the competent family court after the separation. In the application, you would have to justify why the best interests of the child require transferring sole custody to you.
The court would make its decision based on the best interests of the child. The points you mentioned indeed support transferring sole custody to you, as the child has grown up in stable conditions and a separation would disrupt these conditions, even though there are concerns about the mother's caregiving situation due to unclear economic circumstances.
I hope I have been able to assist you. If you have any questions, please feel free to ask.
Best regards,
Andreas Scholz, Esq.
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