Who decides on the custody of the children after the divorce?
July 17, 2023 | 30,00 EUR | answered by Alexander Hartmann
Dear lawyer,
My name is Felix Fröhlich and I am currently in a difficult situation. My wife and I have decided to get divorced, and I am very worried about the custody of our two children. Currently, they are living with my wife as she has been the primary caregiver while I have had to work a lot.
I am now wondering who decides on the custody of the children after the divorce. I naturally want to continue to be an active part in my children's lives and see them regularly. Is there a possibility to share custody jointly or is sole custody usually awarded to one parent?
Furthermore, I am concerned about what a possible arrangement regarding custody could look like. What criteria are considered in making the decision and what rights do I have as a father regarding custody? Are there ways to jointly shape custody in the best interest of the children, even if we as parents live separately?
I thank you in advance for your help and hope for a prompt response to gain clarity on this matter.
Sincerely,
Felix Fröhlich
Dear Mr. Fröhlich,
Thank you for your inquiry regarding custody of your children in the context of your planned divorce. This is certainly a difficult and emotional situation, and it is understandable that you are concerned about the well-being of your children. I would like to help you by providing some information on this topic.
First and foremost, it is important to know that in Germany, joint custody for children of married parents is generally the rule. This means that both parents are still jointly responsible for the children and must make important decisions together even after a divorce. Sole custody is only granted to one parent in exceptional cases, for example, when the child's well-being is at risk or the parents are unable to make decisions together.
In your case, where both of you have been caring for the children, it is entirely possible to share custody jointly. This means that even after the divorce, you can continue to make decisions together for your children. However, it is important that you and your wife find a mutual agreement and potentially establish a custody arrangement. This arrangement can be tailored to your specific needs, for example, with specified visitation times or guidelines for important decisions.
When deciding on custody, the well-being of the child and the bond with both parents are usually taken into consideration. It is important that you as a father exercise your rights in this regard and actively participate in your children's lives. This can be done through regular visits, shared activities, and involvement in important decisions for the children. It is also possible to jointly shape custody in the best interest of the children, even if you as parents are living separately.
I recommend that you communicate early with your wife about custody and consider seeking professional help if needed to find a satisfactory solution for all parties involved. I am also available for further advice and support.
I hope this information is helpful to you and wish you all the best for the future.
Best regards,
Alexander Hartmann
