Custody of married mothers and fathers in the event of separation

In divorce proceedings, the court responsible for divorce also decides on custody when a parent requests the transfer of custody. In this case, the matter is part of the divorce proceedings.

Even without divorce proceedings, a parent can apply for the transfer of custody. This is possible if the parents do not only live temporarily separately.

Parents can agree on who should be given custody. Then, as a rule, the Family Court upheld the request for the transfer of custody. However, a child over the age of 14 may object to this agreement.

In the event of disagreement between the parents, the court shall examine which solution best suits the best interests of the child.

• In connection with a divorce: the district court (family court) dealing with the divorce proceedings.
• Otherwise: the district court (family court), in whose district the child is usually staying.

Note: In certain cases, another court may also have jurisdiction. Therefore, seek advice from a lawyer.

• Orts- und Gerichtsverzeichnis

Prerequisites are:

• The transfer of custody to only one parent of the child best corresponds to the best interests of the child.
• In the context of divorce proceedings:
  • Request by a parent for the transfer of custody
• In the event of withdrawal of custody of its own motion:
  • On the basis of concrete evidence, a risk to the best interests of the child appears to be justified and
  • parents are unwilling or unable to avert this risk.

There are court fees and, where applicable, attorneys' fees, which are based on the value of the proceedings.

No special deadlines are to be observed.

The processing time depends on the individual case.

• §§ 1626 – 1698 b, Bürgerliches Gesetzbuch (BGB) (Elterliche Sorge)
• §§ 151 ff. Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) (Verfahren in Kindschaftssachen)