Custody of married mothers and fathers in the event of separation
Source: BUS Rheinland-PfalzWhen parents divorce or divorce, joint custody of their children continues. The legislator assumes that in most cases joint custody is the best solution for the child.
However, the Family Court may, on request, transfer parental custody or part of it to the mother or father.
Note: A consensual transfer of custody without the participation of the family court is not possible. Given the importance of the decision for the family, advice from a lawyer is recommended.
The Family Court may also revoke custody of its own motion. In most cases, such proceedings are initiated on the basis of suggestions or indications from third parties (e.g. the Youth Office or the child of related persons) which give evidence of a child's well-being risk.
Tasks
1. NOTARIZATIONS
§ Section 1592 BGB regulates the paternity of a newborn child. According to this, the father of the child is the man who is either married to the mother, has acknowledged paternity or has been established as the father by the court.
The acknowledgement of paternity and the mother's consent, which is also required, can be declared at any youth welfare office or notary.
All notarizations at the youth welfare office are free of charge.
In addition to acknowledgments of paternity, maintenance payments and declarations of custody can also be notarized.
Certifications can be made both before and after the birth of the child. We require the child's father, the child's mother and, in the case of non-German speakers, an interpreter for notarization. If the mother or father of the child is a minor, the consent of the legal representative(s) is also required.
Valid identification documents must be presented for all notarizations, as well as the birth notification from the clinic (not applicable for prenatal documents). A personal appointment is required. To make an appointment, please use the form under Downloads.
Responsible employees:
Letter A - G Ms. Closius, Tel. 853-5114
Letter H - Ma Ms. Schehr, Tel. 853-5104
Letter Mb - Sb Ms. Niebisch, Tel. 853-5145
Letter Sc - Z Ms. Zimmer, Tel. 853-5107
Email: sozialesundjugend@worms.de
Opening hours: by prior appointment
2. guardianship
Guardianship is a free service provided by the Youth Welfare Office to help establish paternity and/or assert maintenance claims.
Any parent who has sole parental custody of the child or "in whose care the child is", i.e. with whom the child lives or who mainly looks after the child, can apply for guardianship. This means that the parent with whom the child lives or who primarily cares for the child can also apply for guardianship if the parents continue to have joint custody after separation and divorce.
It can also be applied for before the child is born, provided the mother is not married and the parents-to-be have not made a declaration of custody. After the birth, it can be applied for at any time until the child comes of age.
An informal application must be submitted to the youth welfare office responsible for the applicant parent's place of residence. You can download the necessary application form here.
Assistance is granted regardless of the child's nationality. However, the child must be a minor and have their habitual residence in Germany.
The guardianship does not restrict parental custody. The guardian represents the child within their area of responsibility and can act on behalf of the child in and out of court. In addition to the guardian, the parent making the application remains fully authorized to represent the child. An exception applies only in court proceedings: in order to prevent contradictory statements being made in a lawsuit by the parent on the one hand and by the guardian on the other, the guardian has priority in a legal dispute conducted by the guardian concerning the establishment of paternity or child maintenance.
The parent who has applied for guardianship can terminate it in whole or in part at any time. This requires a written declaration to the youth welfare office.
The guardianship ends automatically if the applicant no longer meets the requirements. This is the case, for example, if custody is withdrawn from the person who previously had sole custody or if the parents live together and establish joint custody. The guardianship also ends when the child reaches the age of majority or has moved abroad.
Responsible employees:
See above
Application for guardianship:
see under Downloads
3. advice on maintenance matters
According to § 18 SGB VIII, single parents and young adults up to the age of 21 are entitled to free advice and support in asserting maintenance claims. Maintenance can be calculated and determined. Furthermore, existing maintenance titles that may be out of date can be reviewed with regard to the amount.
In principle, maintenance obligations can be reviewed every two years, unless there are special circumstances which suggest that the income situation has increased significantly or that further assets have been acquired.
However, if an action for maintenance is necessary, legal representation is excluded. A lawyer must be authorized for this purpose.
Responsible employees:
Ms. Diehl, Tel. 853-5115
Application for guardianship:
see under Downloads
4. custody
The legally correct term for custody is parental custody.
This includes all rights and duties of the parents until the child reaches the age of majority.
Custody covers three areas:
- personal custody
- custody of property
- legal representation of the child
Sole custody
If the parents are not married at the time of the child's birth and no joint custody declaration has been made, the mother has sole custody. It is possible to register joint custody with the youth welfare office. This requires the consent of both parents. If this is not the case, the father can apply to the family court for joint custody.
Joint custody
If both parents are married before the birth of the child, the husband is automatically considered the father of the child and both parents automatically have joint custody. The parents also receive joint custody if they marry after the birth.
This remains the case even after a possible separation or divorce, unless one of the parents applies for sole custody in the divorce proceedings.
Proof of sole custody (negative declaration)
Z. For example, to apply for a savings book or for the issue of an identity document for the child, you need proof of who has custody of the child. A negative declaration can be issued for this purpose, stating that no declaration of custody has been made and that the mother therefore has sole parental custody.
Responsibility
The youth welfare office where the child and the mother have their habitual residence (place of residence) is always responsible for issuing a negative certificate.
The certificate is issued free of charge and is only issued for parents who are not married to each other.
Contact person:
Ms. Grön, Tel. 853-5106, Room 278 - mornings
(in your absence, please contact the above-mentioned clerk)
Email: sozialesundjugend@worms.de