Apply for custody of unmarried fathers

If the parents are not married to each other at the time of the birth of the child, they have been jointly entitled to parental custody since a new regulation which came into force on 19 May 2013, if they declare that they want to take over the custody together (so-called declarations of custody) if they marry each other or insofar as the family court transfers parental custody to them together. Incidentally, the mother has parental concern.

The following situations are therefore conceivable, which lead to joint custody of parents who are not married to each other:

• After the birth of the child, the mother and the father, who has previously acknowledged his paternity, marry.
• The mother and the father declare their agreement to the youth ministry to share concern. Mother and father thus have joint custody.
• If one parent does not give his or her consent, the other parent can try to reach an agreement with the Youth Office. If this fails or if he does not consider this path to be promising, he can directly apply for custody in the Family Court. This determines whether the mother's sole custody remains or whether custody is also transferred to the father.

In the latter case, therefore, it is necessary to carry out family court proceedings.