Visitation rights for unmarried fathers
March 4, 2011 | 25,00 EUR | answered by Bernhard Müller
I have a 2.5-year-old son, whose father is listed as unknown on his birth certificate. I only had a brief affair with the father, he has never taken care of the child and has shown no interest in him. For various reasons, I want him to stay away from my child and for my child to never even meet him. He is not violent, not an alcoholic, not convicted, etc. Instead of thinking about the child's well-being and starting a family (as I would expect from a "Chris"), he ran off to a monastery and became a monk. If he applies for paternity recognition, what are my chances of avoiding his visitation rights? Would it help if I got a kind of waiver from him in advance, or for example if he declares that he was abroad or traveling at the time the child was conceived? I would then not agree to/contest the paternity recognition. Do I have a better chance in this case of asserting my interests? I could argue, for example, that I had various affairs, including with unknown individuals, at the time the child was conceived, and therefore I cannot provide more detailed information about the father.
Dear questioner,
As long as the biological father is not registered as the father in the birth certificate, he is not considered the father and does not have any visitation rights.
If the biological father acknowledges paternity, this requires your consent according to § 1595 I German Civil Code.
However, the biological father can file a petition at the Family Court according to § 1600d German Civil Code for a judicial determination of paternity.
By claiming that you had multiple affairs, you may only buy some time. Because according to § 1598a I No. 1 German Civil Code, the father has a right to consent to genetic testing of the child. Depending on how busy the courts are, this may only result in a time gain of 1-4, at most 5 months.
This would be weighed against the relatively high costs of the DNA test.
Once paternity is judicially established and the father is registered in the birth certificate, visitation rights also apply.
A declaration waiving the right to visitation would be ineffective. This would be a contract to the detriment of third parties. Because according to § 1684 I German Civil Code, the child has a right to visitation with both parents.
You would need to demonstrate to the Family Court that visitation would be detrimental to the child's well-being.
However, based on your description of the situation, there is no recognized reason by the courts that could lead to such harm to the child's well-being.
Therefore, according to the law, you have no way to prevent visitation once the Family Court has established paternity.
Kind regards,
Bernhard Müller Attorney at Law
